Lindner v Murdoch's Garage [1950] HCA 48

High Court of Australia Latham C.J. McTiernan, Webb, Fullagar and Kitto JJ. Lindner v Murdoch's Garage [1950] HCA 48

ORDER Appeal allowed with costs. Judgment of Supreme Court discharged. Action dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

Nov. 21 Latham C.J.

In an action by a firm called Murdock's Garage against F. R. W. Lindner an injunction was granted restraining the defendant for a period of one year from 4th February 1950 from being employed by any person or company in any business similar to that of the plaintiffs' within five miles from the plaintiffs' premises in Crystal Brook. The judgment was founded upon an agreement in writing made between the plaintiff firm and the defendant on 10th August 1946 when the defendant became an employee of the plaintiff firm at its motor garage in the township of Crystal Brook, South Australia. The agreement provided for a rate of pay and for determination on either side by twenty-one days' notice, and contained the following clause:—"3. The workman will not during his employment or within one year from the termination thereof in any way carry on or be engaged concerned or interested either personally or as a partner or as a servant or employee of any other person or company in the business of garage proprietors, motor and general engineers, agents for the distribution of or dealers in motor accessories or in any other similar business now and hereafter carried on by the employers within the same area either personally or by his agent or by letters, circulars or advertisement in any way compete with the employers in any of the employer's business nor in any way interfere with the employer's customers nor solicit their custom nor use any information concerning the employers, their business or customers which may have been acquired by him through his employment for his own benefit or any person other than the employers or to the detriment or the intended detriment of the employers".