Andrew O’Brien appeared for the applicant, instructed by Franklin Athanasellis Cullen Lawyers.
This case concerned an application to require the respondent to provide an affidavit setting out his dealings with the applicant’s confidential information, after claims that the respondent had transferred confidential information to a competitor of which he is now employed with. In summary, the Court found that the respondent had transferred confidential information in a way that was inconsistent with his contractual obligations and ordered him to serve an affidavit detailing whom he has disclosed information to and the location of devices which may still have confidential information on it. The Court also rejected an argument that the respondent could claim privilege against self-incrimination on the basis that the applicant was not seeking criminal or civil penalty relief and the respondent’s prior statements had already exposed him to risk.
The judgment can be read by clicking here
