Federal Court of Australia
Federal Court of Australia
AEI Insurance Group Pty Ltd v Martin [2022] FCA 1384 File number: NSD 950 of 2022
Judgment of: WIGNEY J
Date of judgment: 9 November 2022
Date of publication of reasons: 21 November 2022
Catchwords: CORPORATIONS – application for interlocutory injunction – employment contract – restraint, termination and confidentiality clauses – breach of restraint – where clients of the plaintiff were provided with the defendant's phone number and subsequently became clients of the defendant's new employer – prima facie case established – where damages inadequate compensation for continuing breaches and loss of clientele – balance of convenience favours granting of injunction – injunction granted for 12 months from date of termination of defendant's employment or until further order
Legislation: Corporations Act 2001 (Cth) s 183
Cases cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199; [2001] HCA 63 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 Emeco International Pty Ltd v O'Shea [2012] WASC 282 Liberty Financial Pty Ltd v Jugovic [2021] FCA 607 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238; [2011] FCAFC 156 Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth [2009] FCA 595
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
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