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AAS and Korchinski in court action
Australian Administration Services (AAS) has unsuccessfully pursued legal action in the Federal Court against its former chief executive, Stuart Korchinski, alleging that he downloaded confidential information that might have been used by its competitor superannuation administration company, Citistreet.
The case was heard in the Federal Court earlier this month before Justice J Stone, with AAS seeking interlocutory injunctions that would have restrained Korchinski from performing services directly or indirectly for Citistreet.
According to the Judge’s reasons for judgement, the applicants (AAS) claimed that shortly before leaving their service to commence employment with Citistreet, a major competitor, Korchinski downloaded confidential information belonging to the applicants onto a portable hard drive without the knowledge of senior executives of AAS.
Justice Stone declined to grant the injunctions, pointing out that while he was not convinced by Korchinski’s explanation about why he needed to download “an astonishing volume of material onto a portable hard drive”, there was no evidence that he had retained the material.
“In the absence of any evidence that Mr Korchinski retains some or all of the confidential information of the applicants, the applicants have not succeeded in presenting a prima facie case in support of the relief they seek,” Justice Stone said.
AUTHOR
Mike Taylor
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