Maggbury Pty Ltd v Hafele Australia Pty Ltd

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE AND CALLINAN JJMAGGBURY PTY LTD & ANOR  APPELLANTSANDHAFELE AUSTRALIA PTY LTD & ANOR  RESPONDENTSMaggbury Pty Ltd v Hafele Australia Pty Ltd [2001] HCA 7013 December 2001B36/2001ORDERAppeal dismissed with costs.On appeal from the Supreme Court of QueenslandRepresentation:S J Lee for the appellants (instructed by O'Shea Corser & Wadley)J S Douglas QC with G C McGowan for the respondents (instructed by Aitken Walker & Strachan)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMaggbury Pty Ltd v Hafele Australia Pty LtdContract – Confidential information – Contractual restraint upon use of "Information" – Restraint expressed to be perpetual – Information disclosed in patent application – Proper construction of contract – Whether restraint to apply once information disclosed to public – Whether contract in restraint of trade.Restraint of trade – Contractual restraint upon use of information concerning invention – Whether confidentiality agreement constitutes an unenforceable contractual restriction on trade – Whether the restraint imposed is more than that required to protect the interests of the parties.Injunction – Confidentiality agreement between inventor and potential marketer – Substantial copying of invention found contrary to agreement – Whether injunction granted unacceptably wide – Whether injunction would involve excessive supervision by court – Permissible scope and duration of injunctive relief.Words and phrases – "quality of confidence".GLEESON CJ, GUMMOW AND HAYNE JJ.   Mr G W Allen is a director of the first appellant, Maggbury Pty Ltd ("Maggbury").  It appears from...