JMB (NSW) Pty Limited trading as McGrath Central Coast v West [2020] NSWSC 1380

Supreme Court New South Wales

Medium Neutral Citation: JMB (NSW) Pty Limited trading as McGrath Central Coast v West [2020] NSWSC 1380 Hearing dates: 17, 18 and 22 September 2020 Date of orders: 22 September 2020 Decision date: 22 September 2020 Jurisdiction: Equity - Duty List Before: Parker J Decision: See [109]-[110] Catchwords: EMPLOYMENT LAW — contract — interlocutory restraint of trade — enforcement and remedies — restraint against employment with competing business — junior level employee — no entitlement to payment — whether to protect the legitimate interest of plaintiff — defendant provided undertaking to record dealings with customers — delay in plaintiff's application EMPLOYMENT LAW — contract — interlocutory restraint of trade — enforcement and remedies — restraint on solicitation — defendant provided undertaking not to solicit former customers — relief sought extended to any vendors, buyers and counter-parties whom defendant had no dealings — delay in plaintiff's application CIVIL PROCEDURE — preliminary discovery — to identify potential cause of action — whether defendant should be required to submit his electronic devices to allow plaintiff to search for confidential information — defendant provided affidavit evidence that no confidential information was on devices – no evidence to challenge reliability of evidence Legislation Cited: Corporations Act 2001 (Cth), ss 182, 183 Cases Cited: Cactus Imaging Pty Ltd v Peters (2006) 71 NSWLR 9 Pearson v HRX Holdings Pty Ltd (2012) 205 FCR 187 The Littlewoods Organisations Limited v Harris [1978] 1 AII ER 1026 Woolworths Limited v Olson [2004] NSWCA 372 Category: Procedural and other rulings Parties: JMB (NSW) Pty Ltd t/as McGrath Central Coast (Plaintiff) Nicholas James West (First Defendant) Whiteman Investments Holdings Pty Ltd (Second Defendant) Representation: Counsel: P Moorhouse (Plaintiff) P Reynolds (Defendants)