Lee v Aerial Taxicabs Co-operative Society Ltd [2000] FCA 157

FEDERAL COURT OF AUSTRALIA

Lee v Aerial Taxi Cabs Co-operative Society Ltd

[2000] FCA 157

RESTRAINT OF TRADE – whether the necessity for the applicant to subject himself to the respondent's disciplinary procedures affords no more than adequate protection to the interests of the respondent – whether restraint is against public interest – whether damages available

Workplace Relations Act 1996 (Cth)

Heydon The Restraint of Trade Doctrine 2nd ed. 1999

Buckley v Tutty (1971) 125 CLR 353 cited

Adamson v New South Wales Rugby League (1991) 31 FCR 242 applied

ROBERT ANDREW LEE v AERIAL TAXI CABS CO-OPERATIVE SOCIETY LIMITED t/as CANBERRA CABS

A 70 of 1999

GYLES J

SYDNEY (HEARD IN CANBERRA)

25 FEBRUARY 2000

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 70 OF 1999

BETWEEN: ROBERT ANDREW LEE

APPLICANT

AND: AERIAL TAXI CABS CO-OPERATIVE SOCIETY LIMITED t/as CANBERRA CABS

RESPONDENT

JUDGE: GYLES

DATE OF ORDER: 25 FEBRUARY 2000

WHERE MADE: SYDNEY (HEARD IN CANBERRA)

THE COURT ORDERS THAT: 1. The applicant's claim under the Workplace Relations Act 1996 (Cth) is dismissed. 2. The applicant's claim for breach of contract is dismissed. 3. The applicant's claim based upon common law restraint of trade is stood over until Friday, 24 March 2000, at 9.30am for the making of a declaration. 4. The respondent is to pay one-half of the applicant's costs of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 70 OF 1999

BETWEEN: ROBERT ANDREW LEE

APPLICANT

AND: AERIAL TAXI CABS CO-OPERATIVE SOCIETY LIMITED t/as CANBERRA CABS

RESPONDENT

JUDGE: GYLES