Scyne Advisory Business Services Pty Ltd v Heaney [2024] NSWSC 275

Supreme Court New South Wales

Medium Neutral Citation: Scyne Advisory Business Services Pty Ltd v Heaney [2024] NSWSC 275 Hearing dates: 7, 8 March 2024 Date of orders: 8 March 2024 Decision date: 08 March 2024 Jurisdiction: Equity - Duty List Before: Parker J Decision: See [82] Catchwords: RESTRAINT OF TRADE – employment contract – interlocutory inunction – prima facie case – plaintiff member of corporate group – arguable interest to support restraint – hardship – lack of evidence of defendant's financial position – delay – injunction refused Legislation Cited: Restraints of Trade Act 1976 (NSW) Cases Cited: Capgemini US v Case [2004] NSWSC 674 DXC Eclipse Pty Ltd v Wildsmith [2023] NSWCA 98 Isaac v Dargan Financial Pty Ltd (2018) 98 NSWLR 343 Jones v Dunkel (1959) 101 CLR 298 Texts Cited: Nil Category: Principal judgment Parties: Scyne Advisory Business Services Pty Limited (Plaintiff) Connie Heaney (Defendant) Representation: Counsel: O Fagir (Plaintiff) D Mahendra (Defendant) Solicitors: Marque Lawyers (Plaintiff) Hamilton Locke Lawyers (Defendant) File Number(s): 2024/82937 Publication restriction: Nil

JUDGMENT- ex tempore

Revised from transcript; issued on 20 March 2024 1. Before the Court is an application for an interlocutory injunction by the plaintiff against the defendant, who is one of its former employees. The injunction is sought to enforce restraints in the defendant's employment contract which restrict her freedom to accept employment in competing businesses.