Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Baker & McAuliffe Holdings Pty Ltd t/as JSB Lighting v Carey [2018] FCA 1972 File number: NSD 1103 of 2018
Judge: MARKOVIC J
Date of judgment: 10 December 2018
Catchwords: CORPORATIONS – where the applicant seeks an interlocutory injunction against the first and second respondents to restrain them from making direct or indirect contact with certain clients of the applicant and assisting in three specified projects – where there is a serious question to be tried – where damages are an adequate remedy – where the applicant has delayed in making the injunction application – whether the balance of convenience requires the injunction to be granted – application dismissed.
Legislation: Restraints of Trade Act 1976 (NSW) s 4(1)
Cases cited: Adamson v New South Wales Rugby League Limited (1991) 27 FCR 535 Amoco Australia Pty Ltd v Rocca Bros Motor Engineering Co Pty Ltd (1973) 133 CLR 288 Australian Broadcasting Corporation v Lenah Game Meats Pty Limited (2001) 208 CLR 199 Cactus Imaging Pty Ltd v Peters (2006) 71 NSWLR 9; [2006] NSWSC 717 Capgemini US v Case [2004] NSWSC 674 Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 at 153 Cerilian Pty Ltd v Graham Fraser [2008] NSWSC 1016 Curro v Beyond Productions Pty Ltd (1993) 30 NSWLR 337 Hannamax Hi-Tech Pty Ltd v O'Donnell [2001] NSWSC 634 John Fairfax Publication Pty Ltd v Birt [2006] NSWSC 995 Koops Martin Financial Services Pty Ltd v Reeves [2006] NSWSC 449 Network Ten Ltd v Fulwood (1995) 62 IR 43 Otis Elevator Co Pty Ltd v Nolan [2007] NSWSC 593 Provida Pty Ltd v Sharpe [2012] NSWSC 1041 IceTV v Ross [2007] NSWSC 635 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238
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