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An organisation has won a brief injunction restraining a former employee from using its confidential information, after the Federal Court accepted there was a "real risk" of a contract breach, and that damages wouldn't be an adequate remedy.
Digital marketing company King Kong Corporation applied to the Court for urgent interlocutory relief in September, alleging the former employee – who resigned in August – had breached his employment contract.
The employer claimed that prior to leaving, the employee downloaded numerous documents containing its confidential information and intellectual property, posing a threat that he would use this data in breach of his contractual and general law obligations...
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