SULO MGB Australia Pty Limited v Harrison [2005] FCA 1871

FEDERAL COURT OF AUSTRALIA

SULO MGB Australia Pty Limited v Harrison [2005] FCA 1871

INDUSTRIAL LAW – manufacturer and supplier of mobile waste bins – Australian Workplace Agreement made between manufacturer and supplier as employer and sales manager as employee – agreement approved by Employment Advocate – agreement contained restraint on soliciting custom for 3 months from termination of employment – agreement restricted use of confidential information during employment and thereafter – earlier employment agreement in operation contained similar restriction on use of confidential information but no restraint on solicitation – employee resigned and joined major competitor of former employer –interlocutory restraint by injunction from soliciting or enticing custom and from divulging and making use of confidential information of former employer

Workplace Relations Act 1966 (Cth) ss 170VH(1) and (2), 170VJ(2), 170VPA(1)(e), 170VPB(1)(e) and (3), 170VT, 170VZ, 170VPA(1) and (c), 170VPB(1)(a) and (3) of Part VID and ss 170XA(1) and (2) and 170XE of Part VIE

Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 cited SULO MGB AUSTRALIA PTY LIMITED v DAVID HARRISON NSD 2365 OF 2005 CONTI J 12 DECEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2365 OF 2005

BETWEEN: SULO MGB AUSTRALIA PTY LIMITED

APPLICANT

AND: DAVID HARRISON

RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 12 DECEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT

Upon the applicant continuing its undertaking previously given to the Court and the respondent in relation to damages: 1. The respondent is restrained up to and including 20 December 2005 from (a) soliciting or enticing, or (b) endeavouring to solicit or entice, on his own account, or for any other person, including Nylex Limited, the custom of any person who was a customer of the applicant during the period of the respondent's employment with the applicant. 2. The respondent is restrained up to and including 20 December 2005 from (a) soliciting or enticing, or (b) endeavouring to solicit or entice, on his own account, or for any other person, including Nylex Limited, the custom of any person identified in Schedule A to this Order. 3. The respondent is restrained until further order from divulging or making use of any trade secret, customer list, price list, product list or other confidential information acquired during the respondent's employment with the applicant.