NSW Caselaw
Reported Decision : (2007) Aust Contract Reports 90-259
New South Wales Supreme Court
CITATION : Figjam Pty Ltd trading as LJ Hooker Casino v Pedrini [2005] NSWSC 221
HEARING DATE(S) : 7 & 9 March 2005
JUDGMENT DATE : 17 March 2005
JUDGMENT OF : Burchett AJ
DECISION : Injunction to be granted with costs restraining Defendant for 9 months from engaging in certain activities within a radius of 25 kms from an office at Casino.
CATCHWORDS : Restraint of trade - contract of employment - whether there was consideration for a restraint clause in a written contract entered into after many months of employment pursuant to an oral contract - discussion of problems of consideration where an oral contract of employment is replaced by a written one introducing a new term - relevance of Award requiring writing - whether consideration was provided by the avoidance of a "practical disbenefit" of possible invalidity of the existing contract.
Property, Stock and Business Agents Act 2002 (NSW) s.10 LEGISLATION CITED : Real Estate Industry (State) Award 2003
Beaches & Bush Properties v Jennings [2003] NSWSC 798 Electroboard Administration Pty Limited v O'Brien (unreported, 13 March 1998) CASES CITED : Wigan v Edwards (1973) 47 ALJR 586 at 594-595 Musumeci v Winadell Pty Ltd (1994) 34 NSWLR 723
PARTIES : Figjam Pty Limited trading as L J Hooker Casino v Jennifer Mary Pedrini
FILE NUMBER(S) : SC 1072/05
Mr R Walker for the Plaintiff COUNSEL : Mr S Brennan for the Defendant
David M Imlah - Plaintiff SOLICITORS : Hannigans - Defendant
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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