Explain to hildegard what she needs to establish

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Reference no: EM133308953

Topic: Hildegard, a musical composer and acoustic engineer, runs a business that makes precision sound systems that enhances the acoustic experience for the audiences in performance spaces such as concert halls, stadiums and other venues.

Her business has become successful and works for a variety of clients from major venues like The Sydney Opera House, The Melbourne Entertainment Centre, and The LUME in Melbourne, but also small venues such as Café 88, Metro and the Lava Lounge Nightclub in Berwick, and for the medical community who need soundproofing for rooms for hearing tests.

Hildegard finds it difficult to source a suitable commercial glue for attaching acoustic mats to surfaces such as concrete walls. Hildegard develops a formula for an acoustic glue that can be adapted to work with different acoustic materials (foam, wool, wood, etc) and wall surfaces (brick, concrete, wood or sheet metal). Depending on the venue, the formula can be changed specifically for each client's individual needs. The glue once dried cannot be re-engineered to its specific formula. The glue formula is managed solely by Hildegard. All other employees only have access to the final product that is used in the relevant venue.

Hildegard decides the glue would revolutionise the wider hardware glue industry and discloses the central formula to Fabiola, a director and the national marketing manager for hardware giant the Boys' Shop Pty Ltd ("Boy's Shop"). Hildegard tells Fabiola that the only purpose for the disclosure of the base formula is for Fabiola to assess whether there is a market for this glue. The Boys' Shop is the largest supplier of commercial glues to the hardware market. The Boys' Shop has a testing facility to assess all new products, and their report to Fabiola is that the glue would revolutionise the glue market.

Fabiola reports to Hildegard that the glue is not commercially viable, as it requires changes for each specific material. Unbeknown to Hildegard, Fabiola makes the glue in commercial quantities and three months later, the Boys' Shop releases a new revolutionary acoustic glue. The glue has been a commercial success.

Question: Explain to Hildegard what she needs to establish to bring an action against Fabiola and or the Boys' Shop for a breach of confidence in equity.

Reference no: EM133308953

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