Event and Time
Event Description
- Smiths Detection (Australia) Pty Ltd (SDA) commenced proceedings against former employee Basham and his new employer, Rapiscan Systems Pte Ltd, for alleged breaches of contractual and fiduciary duties involving the transfer of confidential information amid Basham's employment transition.
Application and Claims
- SDA filed a motion to strike out the defendants’ defenses based on the claim that Basham deleted confidential information from a USB, impairing SDA's case. The allegations included:
- Breach of express and implied contractual obligations by Basham. - Transfer of confidential documents to Rapiscan while Basham was still employed by SDA. - Inducement by Rapiscan for the breaches by employing Basham.
Judicial Decisions
- The motion to strike out the defendants' defenses was rejected. The court found insufficient evidence that Basham permanently deleted any documents or that such deletion caused serious impairments to SDA's case.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff (SDA):
- Alleged that Basham deleted confidential documents on the PNY USB. - Claimed that this deletion severely impaired its case by eliminating the ability to prove damages and losses due to breaches.
- Defendant (Basham):
- Argues uncertainty regarding whether he successfully deleted any documents and asserts compliance with the Court orders thereafter.
- Defendant (Rapiscan):
- Claimed no involvement in the deletion and had taken necessary steps to ensure preservation of all relevant documents. - Contended that their reliance on Basham's actions should not lead to vicarious liability as Basham acted against their instructions.