| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 237/05 |
| Hearing date | 25 Jun 2005 |
| Determination date | 28 June 2005 |
| Member | A Dumbleton |
| Representation | CH Toogood QC |
| Location | Auckland |
| Parties | A v R |
| Summary | PRACTICE AND PROCEDURE - Anton Piller orders made against respondent – Orders executed following day – Reasons for order being made - Interim prohibition against publication of names of applicant, its witness and respondent until specified time – Applicant responsible for substantial financial restructuring of company “C” – Respondent worked as senior executive for applicant and gave confidentiality undertakings as necessary security measure for restructuring – Dismissed when confronted with evidence had breached confidentiality undertakings – Respondent admitted communicating certain information about restructuring of C to person outside of applicant and C but denied information confidential – Information communicated by respondent in nature of insider information capable of providing advantage to persons competing with others to benefit from commercial/financial opportunities that would arise out of C’s restructuring – Applicant received offer in relation to financial restructuring from company where person respondent disclosed information to worked – Extremely strong prima facie case respondent acted in breach of confidentiality obligation – Substantive action sought damages from respondent – Applicant and C likely to suffer damage (may have become exposed to legal action under stock exchange rules and security legislation) – Strong evidence was confidential information on respondent’s home computer and real possibility respondent would try to destroy information – Senior executive |
| Result | Orders accordingly ; Non-publication order ; Costs reserved |
| Statutes | ERA Second Schedule cl10;High Court Rules r240 |
| Cases Cited | Anton Piller KG v Manufacturing Processes Ltd [1976] Ch 55;Busby v Thorn EMI Video Programmes Ltd [1984] 1 NZLR 461 |
| Number of Pages | 3 |
| PDF File Link: | aa 237_05.pdf [pdf 16 KB] |