Question
For the past two years, Andy, an agricultural machinery consultant, has been independently developing an innovative High Speed Crop Sprayer ('HSCS'). Andy has been careful
For the past two years, Andy, an agricultural machinery consultant, has been independently developing an innovative High Speed Crop Sprayer ('HSCS'). Andy has been careful to keep his innovation confidential and has not disclosed the details to any other third party. However, in January 2020 he attends a preliminary meeting at the Melbourne head office of BioCrop International ('BI') and meets with Research and Development director, Dr Jane. At the start of the meeting, Andy tells Dr Jane that the details of the HSCS are confidential. Dr Jane nods in agreement and Andy discloses to her the details of the HSCS, including showing her technical drawings. BI is interested in the HSCS, and three further meetings are held. However, negotiations break down and BI proceed to manufacture their own improved crop sprayer.
In March 2021, Andy sees an article in a trade magazine which has a photo of Dr Jane beside BI's new crop sprayer. Andy strongly suspects that BI has used some of the information that he disclosed to Dr Jane. He is worried that he did not ask Dr Jane to sign a non-disclosure agreement.
Required:
- Advise Andy as to whether he has a case for breach of confidence. Refer to relevant legislation and cases where appropriate.
PLEASE PROVIDE ANSWER IN IRAC FORMAT
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