King Kong Corporation Pty Ltd v Moses [2022] FCA 1066

Federal Court of Australia

King Kong Corporation Pty Ltd v Moses [2022] FCA 1066 File number(s): VID 510 of 2022

Judgment of: WHEELAHAN J

Date of judgment: 8 September 2022

Catchwords: INJUNCTIONS – application for urgent interlocutory relief by the former employer of the respondent – restraint clauses in employment agreement – alleged breach of contractual and general law obligations of confidence – application for early discovery – whether relief should be granted in circumstances where the applicant had not effected personal service on the respondent and the hearing operated, functionally, on an ex parte basis – limited interim injunction granted for seven days – balance of application adjourned

Legislation: Federal Court Rules 2011 (Cth) rule 41.07

Division General Division

Registry Victoria

National Practice Area Other Federal Jurisdiction

Number of paragraphs 7

Date of hearing 8 September 2022

Counsel for the Applicant Mr T Dowling

Solicitor for the Applicant Danaher Moulton

Counsel for the Respondent The respondent did not appear

ORDERS VID 510 of 2022

BETWEEN: KING KONG CORPORATION PTY LTD (ACN 153 324 497) Appellant AND: ALEXANDER MOSES Respondent

order made by: WHEELAHAN j DATE OF ORDER: 8 sEPTEMBER 2022

PENAL NOTICE TO: ALEXANDER MOSES IF YOU (BEING THE PERSON BOUND BY THIS ORDER): (A) REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR (B) DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU NOT TO DO, YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT. ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.