Zuellig v Pulver [2000] NSWSC 7

New South Wales Supreme Court

CITATION : Zuellig v Pulver [2000] NSWSC 7 CURRENT JURISDICTION: Civil FILE NUMBER(S) : SC 1098/2000 HEARING DATE(S) : 18/01/00, 19/01/00, 20/01/00 JUDGMENT DATE : 3 February 2000

Zuellig Credit Insurance Brokers Limited - Plaintiff PARTIES : David Ian Pulver - First Defendant Michael John Woodward - Second Defendant JUDGMENT OF : Rolfe J

COUNSEL : Mr A.R. Moses - Plaintiff Mr A. Leopold - Defendants SOLICITORS : Deacons Graham & James - Plaintiff Harris & Company - Defendants CATCHWORDS : Application for interlocutory injunction to restrain employees, who had given notice, from terminating employment and from entering into other employment - Question of repudiation of contract of employment, acceptance of any repudiation and reasonable notice - Held reasonable notice given - no repudiation of contract of employment - if a repudiation acceptance and damages an adequate remedy - Held Deed of Restrictive Covenant entered into subject to a condition which had not been fulfilled and therefore not binding. - Delay in bringing proceedings, in the circumstances, would have been a reason why in the exercise of discretion interlocutory relief should not be granted. - Kolback Securities Limited v Epoch Mining NL (1987) 8 NSWLR 533 - Quinn v Jack Chia (Australia) Limited [1992] 1 VR 567 - Thorpe v South Australian National Football League (1974) 10 SASR 36 Kolback Securities Limited v Epoch Mining NL (1987) 8 NSWLR 533 CASES CITED : Quinn v Jack Chia (Australia) Limited [1992] 1 VR 567 Thorpe v South Australian National Football League (1974) 10 SASR 36 Network Ten Limited v Fullwood (Young J - 4 December 1995 - unreported) DECISION : Amended Notice of Motion filed in Court on 18 January 2000 dismissed. The plaintiff pay the defendants' costs of these proceedings to date.