Allied Express Transport Pty Ltd ACN 001 787 962 v Braim [2022] NSWSC 286

Supreme Court New South Wales

Medium Neutral Citation: Allied Express Transport Pty Ltd ACN 001 787 962 v Braim [2022] NSWSC 286 Hearing dates: 10 March 2022 Decision date: 10 March 2022 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. On the usual undertaking of the Plaintiff as to damages, and on the undertaking of the Plaintiff to apply for expedition of the final hearing of the matter, and to prosecute the preparation and conduct of the matter expeditiously, and noting the undertakings proffered by the Defendants not to compete for a 12 month period in relation to any clients of the Plaintiff, other than SPL, and not to seek to engage any current drivers or employees of the plaintiff, order that until further order, the First and Second Defendants be restrained from performing transport services of the kind carried on by the Plaintiff in its normal course of business to South Pacific Laundry Pty Ltd, other than by use of a single van as contemplated by the Plaintiff prior to the engagement of the First Defendant as employee pursuant to the contract of employment. 2. Reserve the question of costs to be determined following conclusion of the final hearing. 3. List the matter for directions in the Expedition List on Friday, 18 March 2022. Catchwords: COMMERCE – Restraint of trade – Enforcement and remedies – Injunction Cases Cited: Attorney-General of Australia v Adelaide Steamship Co [1913] AC 781 Dawnay, Day & Co Ltd v d'Alphen [1998] ICR 1068 Emeco International Pty Ltd v O'Shea [2012] WASC 282 HiTech Group Australia Limited v Riachi [2021] NSWSC 1212 in De Francesco v Barnum (1890) 45 Ch D 430 John Fairfax Publications Pty Limited v Birt [2006] NSWSC 995 Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533 North Western Salt Co Ltd v Electrolytic Alkali Co Ltd [1914] AC 461 Romeg Holdings Pty Ltd v Kelly [2010] WASC 404 Tradition Australia Pty Ltd v Gunson [2006] NSWSC 298; [2006] 152 IR 395 Tullett Prebon (Australia) Pty Ltd v Purcell (2008) 175 IR 414; [2008] NSWSC 852 Category: Procedural rulings Parties: Allied Express Transport Pty Ltd v ACN 001 787 962 (Plaintiff) Aram Braim (First Defendant) ASOS Express Pty Ltd (Second Defendant) Representation: Counsel: R Kumar (Plaintiff) B Levet (Defendants)