DB Marketing Solutions Pty Ltd (formerly known as Auto Xtreme Electronics Pty Ltd) v Cause [2014] FCA 1026

FEDERAL COURT OF AUSTRALIA

DB Marketing Solutions Pty Ltd (formerly known as Auto Xtreme Electronics Pty Ltd) v Cause [2014] FCA 1026 Citation: DB Marketing Solutions Pty Ltd (formerly known as Auto Xtreme Electronics Pty Ltd) v Cause [2014] FCA 1026

Parties: DB MARKETING SOLUTIONS PTY LTD (FORMERLY KNOWN AS AUTO XTREME ELECTRONICS PTY LTD) (ACN 105 423 014) and WORLDMARK GROUP HOLDINGS PTY LTD (ACN 144 505 199) v TRENT DAVID CAUSE, ASHLEY GRANT CAUSE and ON HIGHWAY ELECTRONICS (A PARTNERSHIP) (ABN 67 918 445 405)

File number: QUD 508 of 2014

Judge: COLLIER J

Date of judgment: 22 September 2014

Catchwords: PRACTICE AND PROCEDURE – application by former employer for interim injunctive relief against two former employees or contractors – whether Court should grant application for adjournment – principles in Australian Broadcasting Commission v O'Neill (2006) 227 CLR 57 – restraint of trade provisions in shareholder agreement and employment agreement – former employees or contractors formed partnership competing with applicants – question whether restraints lawful – whether partnership can be restrained – no evidence that respondents could satisfy damages award EVIDENCE – standard of evidence acceptable at an interlocutory level PARTNERSHIP – where applicants sought to restrain firm of which former employees or contractors were partners – firm not an incorporated limited liability partnership under Partnership Act 1891 (Qld) – whether partner not subject to restraint of trade should be subject to interlocutory injunction