Craig Hill
KC Hill
Paladin
Oracle of DelphiBreach Of Confidence Claims And Awards Of Damages
January 9th 2009 11:31
Previously, the Victorian Court of Appeal awarded damages for the distress caused by the unauthorised showing of a private sex tape. It is worth looking at the decision in Giller v Procopets [2008] VSCA 236, and its potential consequences, in more detail.
Key Points
* Damages are now available for pure mental distress for breach of confidence claims, where the essence of the claim is that there has been a misuse of private information. This could have important consequences for the media in Australia.
* In this case, the Victorian Court of Appeal chose to adapt the existing action of breach of confidence rather than recognise a novel action for breach of privacy.
Read More...
Key Points
* Damages are now available for pure mental distress for breach of confidence claims, where the essence of the claim is that there has been a misuse of private information. This could have important consequences for the media in Australia.
* In this case, the Victorian Court of Appeal chose to adapt the existing action of breach of confidence rather than recognise a novel action for breach of privacy.
Read More...
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