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Selected cases

Federal Court of Australia - Full Court · [2026] FCAFC 49

New Aim v Leung

A Full Court case about an ecommerce executive sharing supplier contacts with competitors after leaving the business.

Federal Court of Australia - Full Court20 Apr 2026

Plain-English explainers, not legal advice. Check the linked official source before you rely on a specific section, and get advice for your situation.

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Quick read

  • Supplier lists, buyer know-how and marketplace sourcing data can be protected, but only if the business treats them like valuable confidential information before a staff...
  • A Full Court case about an ecommerce executive sharing supplier contacts with competitors after leaving the business.

Use this to check

  • A supplier list is stronger legally when the business can show why it is valuable and how it is protected.
  • Employment contracts should define confidential information instead of relying on a broad generic clause.
  • Offboarding should cover devices, messaging apps, supplier contacts, cloud exports and marketplace data.

Decision snapshot

  1. 1

    What happened

    • New Aim was a large Australian online retailer sourcing thousands of products from hundreds of suppliers.
    • Mr Leung had worked there for about 10 years and became Chief Commercial Officer.
    • After leaving, he disclosed contact details for 17 suppliers to people connected with competing online retail businesses.
    • Those competitors were alleged to have sold products identical to New Aim products and to have used product images connected with New Aim.
  2. 2

    What the court had to decide

    • The Full Court had to decide whether information about 17 suppliers was confidential, whether the former employee misused it, and whether the conduct also breached section 183 of the Corporations Act.
  3. 3

    What the court decided

    • The Full Court allowed New Aim's appeal, set aside the dismissal of its claims against Mr Leung and related competitor parties, and remitted the proceeding for further hearing.
    • The Court held that breach of contract, breach of confidence and the section 183 Corporations Act claim were made out against Mr Leung.

Practical impact

Practical read

  • Supplier lists, buyer know-how and marketplace sourcing data can be protected, but only if the business treats them like valuable confidential information before a staff member leaves.

Useful next steps

  • A supplier list is stronger legally when the business can show why it is valuable and how it is protected.
  • Employment contracts should define confidential information instead of relying on a broad generic clause.
  • Offboarding should cover devices, messaging apps, supplier contacts, cloud exports and marketplace data.
  • Define confidential information in employment and contractor agreements.
  • Restrict supplier, customer, pricing and product data to roles that actually need it.

Practical read

New Aim is a very real ecommerce story. The thing at stake was not just a spreadsheet called confidential information. It was hard-won supplier knowledge: which overseas suppliers were reliable, which products suited the Australian market, who to contact, and how quickly a competitor could get moving if it skipped that sourcing work.

The Full Court accepted that information about the 17 specific suppliers had commercial value and could be confidential. New Aim had evidence about supplier selection, testing, quality control, white-labelling and restricted employee access. The Court also found Mr Leung breached his employment contract and improperly used information under section 183 of the Corporations Act.

The practical lesson is that confidentiality is operational. If a business wants to protect supplier lists, customer lists, pricing data, product photos or sourcing methods, it should limit access, define the information in contracts, log exports and offboarding, and move quickly when suspicious competitor activity appears.

Checks to run

Key points

  • Define confidential information in employment and contractor agreements.
  • Restrict supplier, customer, pricing and product data to roles that actually need it.
  • Run a formal exit checklist for senior staff with access to commercial data.
  • Monitor competitor launches that copy suppliers, products, images or marketplace positioning.

Key takeaways

  • A supplier list is stronger legally when the business can show why it is valuable and how it is protected.
  • Employment contracts should define confidential information instead of relying on a broad generic clause.
  • Offboarding should cover devices, messaging apps, supplier contacts, cloud exports and marketplace data.

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