Federal Court of Australia
Federal Court of Australia
AEI Insurance Group Pty Ltd v Martin [2023] FCA 914 File number: NSD 950 of 2022
Judgment of: BROMWICH J
Date of judgment: 1 August 2023
Date of publication of reasons: 4 August 2023
Catchwords: EMPLOYMENT AND INDUSTRIAL RELATIONS –interlocutory application for the discharge of an injunction enforcing restraint of trade in a contract of employment – evidence adduced by respondent former employee of applicant as to prejudice and as to conduct contrary to inferences drawn in granting the original injunction – held: injunction discharged
Legislation: Corporations Act 2001 (Cth) s 183 Federal Court Rules 2011 (Cth) rr 1.39, 35.13(a), 39.32
Cases cited: AEI Insurance Group Pty Ltd v Martin [2022] FCA 1384 Bird v McComb (No 3) [2011] FCA 697 P Dawson Nominees Pty Ltd v Australian Securities and Investments Commission (No 2) [2009] FCA 413; 255 ALR 466 Pivotel Satellite Pty Ltd v Optus Mobile Pty Ltd [2010] FCA 121 Portal Software v Bodsworth [2005] NSWSC 1179
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 37
Date of hearing: 31 July 2023
Counsel for the Plaintiff: Mr Shane Prince SC and Mr A Davis
Solicitor for the Plaintiff: Chamberlains Law Firm
Counsel for the Defendant: Mr J J E Fernon SC and Ms K E Holcombe
Solicitor for the Defendant: Kennedys Law Firm
ORDERS NSD 950 of 2022
BETWEEN: AEI INSURANCE GROUP PTY LTD ACN 123 670 002 Plaintiff
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