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Digital Central Australia (Assets) Pty Ltd v Stefanovski (No 2) [2017] FCA 1000

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EQUITY - confidential information - use of confidential information - scope of protection. CONTRACT - intellectual property - confidential information - where use of confidential information in breach of contract - restraint of trade - obligations of franchisee as to confidential information after termination of contract - effect of explicit contractual restraint - scope of protection - damages. EQUITY - injunctions - former franchisee of applicant created corporation to compete with applicant both during and following contractual relationship with applicant - former franchisee used confidential information in businesses run in competition with applicant - conduct of former franchisee in breach of equitable obligations owed to applicant and statutory duties - damages for breach of contract and equitable compensation inadequate to protect interests of party EQUITY - equitable remedies - doctrines and principles - imposition of duty of confidence - necessary conditions TRADE PRACTICES - misleading or deceptive conduct - unconscionable conduct - breach of statutory duty of good faith in franchise agreement - concealment of intention before and after termination and sale of franchise to cause company to engage in competition with franchise business - knowing assistance - injunction - damages

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