Tyro Payments Ltd v Kounta Pty Ltd (No 2) [2023] NSWSC 1402

Supreme Court New South Wales

Medium Neutral Citation: Tyro Payments Ltd v Kounta Pty Ltd (No 2) [2023] NSWSC 1402 Hearing dates: 20 November 2023 Date of orders: 20 November 2023 Decision date: 20 November 2023 Jurisdiction: Equity - Commercial List Before: Rees J Decision: Stay refused. Catchwords: STAY – Court grants injunction to enforce 12 month restraint of trade clause – applicant seeks stay of injunction pending filing and determination of appeal – principles at [6] – [9] – injunction interferes with applicant's business model and systems – preservation of status quo requires preservation of restraint period not applicant's business model and systems – absent a stay, restraint period will further expire before determination of appeal – subject matter of proceedings will be substantially destroyed – difficulties in assessing damages should fall on unsuccessful party at trial – to early to say whether complying with the injunction is too difficult – stay refused. Legislation Cited: Civil Procedure Act 2005 (NSW) s 67 Cases Cited: Alexander v Cambridge Credit Corp Ltd (1985) 2 NSWLR 685 Hickie v Land and Enviro Corp Pty Ltd [2014] NSWSC 472 Kalafair Pty Ltd v Digi-Tech (Aust) Pty Ltd [2002] NSWSCA 383; (2002) 55 NSWLR 737 Mao v AMP Superannuation Limited [2017] NSWCA 296 Penson v Titan (No 2) [2015] NSWCA 403 Tringali v Stewardson Stubbs & Collett Pty Ltd [1966] 1 NSWR 354 UGL Rail Pty Ltd v Wilkinson Murray Pty Ltd (No 2) [2015] NSWSC 23 Yolarno Pty Ltd v Shandong Delisi Food Co Ltd [2022] NSWCA 30 Category: Procedural rulings Parties: Tyro Payments Ltd (Plaintiff) Kounta Pty Ltd (Defendant) Representation: Counsel: Mr H Atkin (Plaintiff) Mr R Dick SC/Ms AE Munro/Ms JT Buncle (Defendant)