NOVA Employment Ltd v Michelle Hira & Ors [2021] NSWSC 1337

Supreme Court New South Wales

Medium Neutral Citation: NOVA Employment Ltd v Michelle Hira & Ors [2021] NSWSC 1337 Hearing dates: 12 October 2021 Date of orders: 15 October 2021 Decision date: 15 October 2021 Jurisdiction: Equity - Duty List Before: Rein J Decision: Decline to grant the interim injunction sought Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Contract — Restraint of trade — Injunction sought restraining former employees from engaging in employment with competitors of the former employer — Undertakings proffered by all three Defendants, yet only those undertakings proffered by the First Defendant accepted by the Plaintiff — Former and new employers engage in the provision of assistance to persons with disabilities who are seeking employment — Weak prima facie case for the injunctions sought — Balance of convenience favours the Defendants — Held: interim injunction not granted Legislation Cited: Nil Cases Cited: Amway Corporation v Eurway International Ltd [1974] RPC 82 AT Kearney Australia Pty Ltd v Crepaldi [2006] NSWSC 23 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Cactus Imaging Pty Ltd v Peters (2006) 71 NSWLR 9; [2006] NSWSC 717 Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd (1998) 14 NSWLR 523 HiTech Group Australia Ltd v Riachi [2021] NSWSC 1212 Jardin Investments Pty Ltd v Metcash Ltd [2011] NSWCA 409 JMB (NSW) Pty Limited trading as McGrath Central Coast v West [2020] NSWSC 1380 Koops Martin v Dean Reeves [2006] NSWSC 449 O'Brien v Komesaroff (1982) 150 CLR 310 Portal Software v Bodsworth [2005] NSWSC 1179 Quantum Service and Logistics Pty Ltd v Schenker Australia Pty Ltd [2019] NSWSC 2 Raine & Horne Pty Limited v Adacol Pty Limited & Ors [2006] NSWSC 36 Stacks Taree v Marshall (No 2) [2010] NSWSC 77 Texts Cited: G E Dal Pont, Law of Confidentiality (2nd ed, 2020, LexisNexis Butterworths) Category: Principal judgment Parties: NOVA Employment Limited (Plaintiff) Michelle Hira (First Defendant) Antonia Randell (Second Defendant) Jordan Kurtbatoff-Hira (Third Defendant) Representation: Counsel: Mr Alkadamani (Plaintiff)