Allied Express Transport Pty Ltd v Braim [2022] NSWSC 1298

Supreme Court New South Wales

Medium Neutral Citation: Allied Express Transport Pty Ltd v Braim [2022] NSWSC 1298 Hearing dates: 12-14 September 2022 Date of orders: 27 September 2022 Decision date: 27 September 2022 Jurisdiction: Equity - Expedition List Before: Williams J Decision: See paragraph [300] Catchwords: RESTRAINT OF TRADE – employee – employment contract governed by law of New South Wales – activities of first defendant during and after employment occurred in Victoria – plaintiff sought injunction in terms not limited to alleged offending conduct and not limited to conduct occurring in Victoria – application of Restraints of Trade Act 1976 (NSW) – no actual or apprehended breach of contractual restraint proved CONTRACT – contractual obligation of confidence – failure to prove that information confidential to the employer was imparted to the employee during the course of employment – failure to prove actual or apprehended breach of contractual obligation of confidence EQUITY – equitable obligation of confidence – necessary quality of confidence – insufficient identification of all information said to be confidential – failure to prove that information confidential to the employer was imparted to the employee during the course of employment – failure to prove actual or apprehended breach of equitable obligation of confidence Legislation Cited: Corporations Act 2001 (Cth), ss 181 to 183 Evidence Act 1995 (NSW), s 128 Interpretation Act 1987 (NSW), s 12(1)(b) Restraint of Trade Act 1976 (NSW), s 4 Cases Cited: Del Casale v Artedomus (Aust) Pty Ltd (2007) 73 IPR 326; [2007] NSWCA 172 Employsure Ltd v McMurchy; Employsure Ltd v Kumaran [2021] NSWSC 1179 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Isaac v Dargan Financial Pty Ltd (2018) 98 NSWLR 343; [2018] NSWCA 163 John Holland Pty Ltd v Kellogg Brown & Root Pty Ltd [2015] NSWSC 451 KA & C Smith Pty Ltd v Ward (1998) 45 NSWLR 702 Kay's Leasing Corporations Pty Ltd v Fletcher (1964) 116 CLR 124 Label Manufacturers Australia Pty Ltd v Chatzopoulos [2022] NSWSC 1059 Maggbury Pty Ltd v Hafele Australia Pty Ltd (2001) 210 CLR 181; [2001] HCA 70 Moubarak by his tutor Coorey v Holt (2019) 100 NSWLR 218; [2019] NSWCA 102 Optus Networks Pty Ltd v Telstra Corporation Ltd (2010) 265 ALR 281; [2010] FCAFC 21 Professional Advantage Pty Ltd v Smart [2008] NSWSC 873 Professional Advantage Pty Ltd v Smart [2008] NSWSC 873 Watson v Foxman (1995) 49 NSWLR 315 Wright v Gasweld (1991) 22 NSWLR 317 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher Gummow & Lehane's Equity Doctrines and Remedies (5th ed, 2015) JD Heydon, The Restraint of Trade Doctrine (14th ed, 2018) Category: Principal judgment Parties: Allied Express Transport Pty Ltd (Plaintiff) Aram Braim (First Defendant) ASOS Express Pty Ltd (Second Defendant) Representation: Counsel: R Kumar (Plaintiff) P Reynolds (Defendants)