Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
National Surgical Pty Ltd v McPhee [2010] FCA 972
Citation: National Surgical Pty Ltd v McPhee [2010] FCA 972
Parties: NATIONAL SURGICAL PTY LTD (ACN 078 902 217) v ROBERT BRUCE MCPHEE
File number: QUD 329 of 2010
Judge: COLLIER J
Date of judgment: 3 September 2010
Corrigendum: 6 September 2010
Catchwords: PRACTICE AND PROCEDURE – interlocutory application for an order restraining former employee from performing work for competitor – earlier consent order restraining former employee from disclosing or making use of confidential information – principles in Australian Broadcasting Corporation v O'Neill [2006] 227 CLR 57 – question whether serious question to be tried that additional interlocutory relief necessary to protect interests of applicant – "springboard" principle in Terrapin Limited v Builders' Supply Company (Hayes) Limited [1967] RPC 375 – no clear evidence that former employee has confidential information – not sufficient likelihood that former employee would disregard existing injunctive restraints – not sufficient likelihood that Court would order employment restraint in relation to former employee based on springboard principles – balance of convenience favours former employee
Legislation: Copyright Act 1968 (Cth) Corporations Act 2001 (Cth) ss 182, 183, 1324
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 cited Australian Insurance Holdings Pty Ltd v Chan [2010] FCA 781 cited Lindner v Murdoch's Garage (1950) 83 CLR 628 cited Nordenfelt v Maxim Nordenfelt Guns & Ammunition Co Ltd [1894] AC 535 cited Terrapin Limited v Builders' Supply Company (Hayes) Limited [1967] RPC 375 cited Wilson Parking Australia 1992 Pty Ltd v Rush [2008] FCA 1601 cited The Laws of Australia (looseleaf) Thomson, "Restraint of Trade"
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