NSW Caselaw
New South Wales Supreme Court
Harlow Property Consultants P/L v Byford [2005] NSWSC 658 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 22/06/05
JUDGMENT DATE : 6 July 2005
JUDGMENT OF : White J
DECISION : See Para 45 of Judgment.
CATCHWORDS : PRACTICE AND PROCEDURE - Interlocutory application for an injunction against former employee - Junior sales employee in a real estate agency - Balance of convenience favours the defendant - RESTRAINT OF TRADE - Employer and employee - Term in employment contract restraining former employee from working for a competitor, or soliciting clients or prospective clients of the plaintiff - Covenant is prima facie too wide to be reasonably necessary to protect the plaintiff's legitimate business interests - Limited injunction ordered.
LEGISLATION CITED : Restraints of Trade Act 1976 (NSW)
Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533 Heydon, The Restraint of Trade Doctrine, 2 ed, p 66 Herbert Morris Ltd v Saxelby [1916] 1 AC 688 Lindner v Murdock's Garage (1950) 83 CLR 628 Herbert Morris Ltd v Saxelby [1916] 1 AC 688 CASES CITED : Woolworths Ltd v Olson [2004] NSWCA 372 Littlewoods Organisation Ltd v Harris [1978] 1 All ER 1026 Wright v Gasweld Pty Ltd (1991) 22 NSWLR 317 Kone Elevators Pty Ltd v McNay (1997) ATPR 41-564 Drake Personnel Ltd v Beddison [1979] VR 13
Harlow Property Consultants Pty Limited PARTIES : v Ben Byford
FILE NUMBER(S) : SC 3498/05
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