Supreme Court grants Cannon-Brookes access to ex-employee's devices
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The news: Mike Cannon-Brookes' private vehicle, Cannon-Brookes Services (CBS), has secured court orders forcing a former employee to hand over personal electronic devices and access to a Google Drive Account that the company argued contained confidential corporate information.
Supreme Court of New South Wales Judge Kate Williams said in her decision that "the evidence presently before the Court establishes a serious question to be tried as to whether Mr Chiu has breached contractual obligations of confidence owed to CBS, and that orders should be made substantially in the terms sought by CBS".
The context: Cannon-Brookes Services has taken legal action against Chiu, on the basis he has breached his contractual obligations to the company. Lawyers in the matter have flagged Chiu may argue he was wrongfully dismissed at trial.
Documents filed to the Supreme Court of New South Wales last week sought to orders to force former employee Kevin Chiu to hand over the items.
In a court hearing before Justice Williams on Monday, barrister Tim Breakspear SC argued that the termination of Chiu's employment obliges him to deliver all records and confidential information linked to Cannon-Brookes Services. Breakspear said that Chiu continues to be bound by confidentiality obligations, despite the end of his employment.
Chiu's legal team had argued that Chiu was willing to cooperate with an objective to delete any Cannon-Brookes Services information on his devices, but that the orders initially sought were "broad ranging" and "unrestricted".
Legal teams in the case, which continues, must draft orders before Wednesday at 12pm AEDT to give effect to today's court decision.
The source: Supreme Court of New South Wales
