Summer Co Rural Pty Ltd v Gibbon [2023] NSWSC 1643

Supreme Court New South Wales

Medium Neutral Citation: Summer Co Rural Pty Ltd v Gibbon [2023] NSWSC 1643 Hearing dates: 19 & 20 December 2023 Date of orders: 20 December 2023 Decision date: 12 February 2024 Jurisdiction: Equity - Duty List Before: Slattery J Decision: Interlocutory orders made for the preservation of electronic business communications in digital storage accessible only on the order of court, pending final hearing. Costs reserved. Catchwords: CIVIL PROCEDURE — Interlocutory applications — contract of employment – defendant leaves the plaintiff's employ – contested interlocutory application to enforce a noncompetition covenant and restraints on solicitation of the plaintiff's clients and employees and misuse of its confidential information – plaintiff concerned about the effectiveness of the interlocutory restraints against the defendant – application resolved on the basis of certain interlocutory restraints but supported by an ancillary regime for the preservation of the defendant's electronic business communications. Legislation Cited: Civil Procedure Act 2005, Part 6. Texts Cited: J.D. Heydon, The Restraint of Trade Doctrine (4th Ed, 2018, LexisNexis). Category: Procedural rulings Parties: Plaintiff: Summer Co Rural Pty Ltd ACN 615 917 309 Defendant: Alex Gibbon Representation: Counsel: Plaintiff: A. Campbell Defendant: M. McGirr

Solicitors: Plaintiff: Monique Hannigan, Hannigans Solicitors Defendant: Sean Radburn, Somerville Laundry Lomax Solicitors File Number(s): 2023/460122 Publication restriction: No