Case Highlights

DEVIL DOG PTY LTD v. DAVID JOHN COOK
SUPREME COURT OF WESTERN AUSTRALIA

TOTTLE J: The plaintiff applies for an injunction restraining the defendant from breaching restraint of trade provisions contained in a Deed of Restraint made between the plaintiff and the defendant on 18 July 2014. The Deed of Restraint was made pursuant to a term of an agreement, also made on 18 July 2014, between the plaintiff and D & S Cook Enterprises Pty Ltd to purchase a business carried on under the name 'Matchtec Hydraulics' (the Business). The defendant had established and developed the Business and he was a director of the vendor, D & S Cook Enterprises Pty Ltd. The activities of the Business involved the service and repair of hydraulic cylinders and associated components and the manufacture of hydraulic cylinders when customers' cylinders were damaged or worn beyond serviceable condition.

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Article Highlights

Singapore court rules on apparent bias in construction adjudication

SINGAPORE
Arbitration

Adjudicators should disclose in full anything that might create apparent bias
ANALYSIS: A recent case before the Singapore High Court rejected a complaint of apparent bias against an adjudicator. The ruling suggests that adjudicators should disclose anything which might create a case of apparent bias, and disclosure should be made in full. Many adjudicators are also practitioners at the construction bar and deal with many members of the construction industry during their practice. It is therefore not surprising for adjudicators to have had dealings with the parties who come before them, in what can create fertile conditions for allegations of bias.

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Protecting confidential information from digital thieves

Australia
Intellectual property

Former DXC employee prevented from disclosing or using information copied to USBs
The digital age has made it easier than ever for departing employees to “steal” important information from their (soon to be ex) employer. The nefarious USB allows employees to siphon off terabytes of digital records, including financial statistics, client details, and prices. The New South Wales Supreme Court recently granted an interlocutory injunction against a former employee of DXC Connect (DXC), a provider of information communication technology services. The former employee, armed with an armada of USBs, jumped ship to a market rival, taking with him sensitive information he downloaded from work computers.

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