King & Wood Mallesons

Asia-Pacific 100 position: 2

Contract law update: Gold and Copper Resources Pty Ltd v Newcrest Operations Ltd [2013] NSWSC 281

In this case, the NSW Supreme Court considered whether an equitable duty of confidence could sit alongside written confidentiality agreement, so as to make available equitable remedies (such as an account of profits) that would not be available for a contractual breach of confidence.

The Court in this case found that the written confidentiality agreement between the parties, which included an ‘entire agreement’ clause, left no room for a separate equitable duty of confidence to operate. Accordingly, even though information had been disclosed in breach of confidence, the only remedies available for the plaintiff were common law contractual remedies.

If the parties to a confidentiality agreement want to retain the flexibility to bring breach of confidence claims in equity as well as in contract, then it is important that they make an allowance for this in the agreement (for example, by including a provision that makes clear that the agreement is not intended to exclude rights that may otherwise arise at law or in equity)…

If you are registered and logged in to the site, click on the link below to read the rest of the King & Wood Mallesons briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Analysis from The Lawyer

View more analysis from The Lawyer


Level 61, Governor Phillip Tower
1 Farrer Place
NSW 2000

Jurisdiction: PRC/Australia
No. of offices: 19
No. of qualified lawyers: 1,634