Catchwords:

CONTRACTS — contractual construction — authorised financial services agreement terminated for cause — clause requiring parties to keep other party’s confidential information confidential and not use — whether disclosure of client portfolio information to competitor following termination was breach of confidentiality clause — whether client portfolio information was confidential information as defined — where parties were in the relationship of principal and agent — where authorised representative provided financial services under principal’s Australian financial services licence — where authorised representative retained goodwill in the business during the currency of the agreement but not post-termination

CONTRACTS — contractual construction — whether disclosure was required by law — where licensee had obligations to clients under Corporations Act 2001 (Cth), Part 7.6

DAMAGES — whether primary judge was entitled to conclude loss not proved where experts produced joint report and were not cross examined — whether denial of procedural fairness — where primary judge not satisfied of assumptions underpinning expert evidence — no denial of procedural fairness in primary judge’s approach