Federal Court of Australia
Federal Court of Australia
Ord Minnett Holdings Pty Ltd v Longmuir [2023] FCA 1262 File number: WAD 243 of 2023
Judgment of: JACKSON J
Date of judgment: 20 October 2023
Date of publication of reasons: 24 October 2023
Catchwords: CONTRACTS - urgent application for an interlocutory injunction - orders sought to restrain former employee of applicant to solicit clients of applicant - contractual restraints - restraint period only lasts for another two months - practical effect of interlocutory relief may be final - accumulation of evidence amounts to serious question to be tried - no evidence of prejudice to respondent - balance of convenience favours grant of an injunction - consideration of precision and clarity of injunction in form to be made - injunction granted
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG
Cases cited: Coshott v Prentice [2014] FCAFC 88; (2014) 221 FCR 450 Frigger v Trenfield [2019] FCA 1746 Hellmann Insurance Brokers v Peterson [2003] NSWSC 242 IceTV v Ross [2007] NSWSC 635 Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533 Orleans Investments Pty Ltd v MindShare Communications Ltd [2009] NSWCA 40 Shercliff v Engadine Acceptance Corporation Pty Ltd [1978] 1 NSWLR 729 Warner-Lambert Company LLC v Apotex Pty Ltd [2014] FCAFC 59
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
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