Federal Court of Australia
Federal Court of Australia
United Petroleum Pty Ltd v Barrie [2022] FCA 818 File number: VID 34 of 2022
Judgment of: SNADEN J
Date of judgment: 21 March 2022
Date of publication of reasons: 15 July 2022
Catchwords: INDUSTRIAL LAW – employment – restraint of trade - application for interlocutory injunctive relief – enforceability of post-employment restraint - whether there is a prima facie case that favours injunctive relief – whether the balance of convenience favours injunctive relief – whether former employee should be restrained from employment – whether scope and duration of contractual term reasonable to protect legitimate interest – contractual term restraining "disclosure of confidential information" for advantage – contractual term restraining business activity – application for interlocutory relief dismissed
Legislation: Corporations Act 2001 (Cth) s 183
Cases cited: Just Group Ltd v Peck (2016) 344 ALR 162 Liberty Financial Pty Ltd v Jugovic [2021] FCA 607 Metro Trains Melbourne Pty Ltd v Australian Rail, Tram and Bus Industry Union [2019] FCA 1265
Division: Fair Work Division
Registry: Victoria
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 23
Date of hearing: 21 March 2022
Counsel for the Applicant: Mr R A Millar
Solicitor for the Applicant: Gadens
Counsel for the Respondent: Ms R Preston
Solicitor for the Respondent: Corrs Chambers Westgarth
ORDERS VID 34 of 2022
BETWEEN: UNITED PETROLEUM PTY LTD Applicant
AND: JUSTIN BARRIE Respondent
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