Pellet Experts Pty Ltd v Smith [2023] NSWSC 1170

Supreme Court New South Wales

Medium Neutral Citation: Pellet Experts Pty Ltd v Smith [2023] NSWSC 1170 Hearing dates: 21, 22 September 2023 Date of orders: 28 September 2023 Decision date: 28 September 2023 Jurisdiction: Equity - Duty List Before: McGrath J Decision: See [107] Catchwords: EQUITY – Injunctive relief – Employee's contractual post-employment restriction – Application for injunction restraining the first and second defendants from engaging in business that is in competition with the plaintiff – Whether there is a reasonable question to be tried – HELD – Injunction granted EQUITY – Injunctive relief – Application for injunction restraining the first and second defendant from disclosing or using confidential information of the plaintiff – HELD – Injunction granted Legislation Cited: Restraints of Trade Act 1976 (NSW) Service and Execution of Process Act 1992 (Cth) Cases Cited: Capgemini US v Case [2004] NSWSC 674 Harlow Property Consultants Pty Ltd v Byford [2005] NSWSC 658 Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533 Stacks/Taree Pty Limited v Marshall (No 2) [2010] NSWSC 77 Zuellig Credit Insurance Brokers v Pulver [2000] NSWSC 7 Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 Category: Principal judgment Parties: Pellet Experts Pty Ltd (Plaintiff) Chloe Smith (First Defendant) Fel Eur Eql Pty Ltd (Second Defendant) Representation: Counsel: M Davis (Plaintiff)