Hannamax Hi-Tech Pty Ltd v. Lynne O'Donnell [2001] NSWSC 634

New South Wales Supreme Court

CITATION : Hannamax Hi-Tech Pty Ltd v. Lynne O'Donnell [2001] NSWSC 634 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 3473/01 HEARING DATE(S) : 20 July, 2001 - Ex tempore JUDGMENT DATE : 20 July 2001

PARTIES : Hannamax Hi-Tech Pty Limited (Plaintiff) Lynne O'Donnell (Defendant) JUDGMENT OF : Palmer J

COUNSEL : P.C. Coleman (Plaintiff) D.P. Robinson (Defendant) SOLICITORS : Carroll & Associates (Plaintiff) Holding Redlich (Defendant) CATCHWORDS : EMPLOYMENT LAW - Contract of service - application for interlocutory injunction to restrain the defendant from obtaining or commencing employment with a competitor of the plaintiff - application for interlocutory mandatory injunction that the defendant terminate current employment with a competitor - contract of employment includes terms providing for the non-disclosure of confidential information - not sufficient evidence of confidential information in the possession of the defendant to warrant an injunction. TRADE AND COMMERCE - Restraint of trade - appication for interlocutory injunction to restrain the defendant from obtaining or commencing employment with a competitor of the plaintiff - application for interlocutory mandatory injunction that the defendant terminate current employment with a competitor - breach of covenant against competition by the defendant - serious question to be tried as to whether the covenant against competition is enforceable - balance of convenience - injunction should be refused in light of an undertaking given by the defendant not to approach certain customers of the plaintiff. LEGISLATION CITED : Restraints of Trade Act, 1976 CASES CITED : - Kone Elevators Pty Ltd v. McNay and Anor (1997) 19 ATPR 41-564 - Littlewood's Organisation Limited v. Harris [1977] 1 WLR 1472 DECISION : Dismiss the applications. Plaintiff to pay the Defendant's costs.