Issue 8 - Did Mr D’Aguanno or Ms Muller fail to return all of the Claimant’s property when their contracts with DPA ended?
86.Yes, Mr D’Aguanno failed to return the ADA Stored Works. DPA has failed to satisfy me on the balance of probabilities that Ms Muller failed to return any of the Claimant’s property when she left DPA. 87.Mr D’Aguanno accepts that his actions in relation to the ADA Stored Works amount to breach of the implied terms of his contract with DPA not to remove documents from DPA’s possession and to return all of DPA’s property when he ceased working with DPA.
- INTRODUCTION
- Restrictive Covenants
- Claimant Works
- Copyright Infringement
- Breach of contract
- Restrictive covenants
- PROCEEDINGS
- Terms of Employment
- Storage of works created at DPA
- Software used at DPA at the relevant time
- Rhino
- CGI work at DPA
- DPA’s position
- None of these searches found the Rhino 3D CGI models.
- Wellington House
- Wellington House Works
- www.mudaarchitecture.com
- Use made by Mr D’Aguanno of 3D models removed from DPA
- ADA Stored Works
- DETERMINATION OF THE REMAINING ISSUES ON LIABILITY
- Issue 1 – Have the Defendants reproduced a substantial part of the Claimant Works or any of them, in a material form?
- Issue 2 – Have the Defendants or any of them possessed the Claimant Works or any of them in the course of a business.
- Issue 3 – Have the Defendants reproduced a substantial part of the Claimant Works or otherwise used the Claimant Works in their ongoing work for Mr Simpson?
- Issue 4 – Have the Defendants or any of them authorised the acts set out at paragraphs 1 to 3 above?
- Issue 5 – Did Mr D’Aguanno or Ms Muller fail to store the Claimant Works or any of them on DPA’s server?
- Issue 6 – Did Mr D’Aguanno or Ms Muller remove the Claimant Works or any of them from DPA’s offices and/or prevent DPA from having access to its files?
- Issue 7 - Does DPA have access to the Claimant Works which are in the possession of the Defendants?
- Issue 8 - Did Mr D’Aguanno or Ms Muller fail to return all of the Claimant’s property when their contracts with DPA ended?
- QUANTUM
- CONCLUSION