Bromhead & Ors v Graham [2007] NSWCA 257

New South Wales Court of Appeal

CITATION: Bromhead & Ors v Graham [2007] NSWCA 257

HEARING DATE(S): 21 August 2007

JUDGMENT DATE: 21 September 2007

JUDGMENT OF: Beazley JA at 1; Giles JA at 2; Santow JA at 6

DECISION: (1) Respondent's cross-appeal dismissed; (2) Noting the orders made by consent on 21 August 2007, thus obviating the orders sought under para 3 of the Amended Notice of Appeal, appeal allowed to the extent only that the proceedings be remitted to an Associate Justice for assessment of the damages in accordance with the reasons of this Court; (3) The respondent to pay 95 per cent of the costs of the appeal and cross-appeal.

CATCHWORDS: PARTNERSHIP - dissolution of partnership - whether notice of intention to dissolve was given - whether dissolution terminated employee's employment - employee's covenant not to canvass clients - did so - whether injunction to restrain further breach of covenant - dissolution of partnership does not necessarily terminate employment - did not do so on facts of this case - injunction agreed without admissions - inquiry into damages to be held.

LEGISLATION CITED: Partnership Act 1892 (NSW) Restraints of Trade Act 1976 (NSW)

Brace v Calder [1895] 2 QB 253; CASES CITED: Briggs v Oates [1991] 1 All ER 407; Rose v Dodd [2005] ICR 1776.

Stephen Bruce Bromhead - First Appellant/Cross-Respondent PARTIES: John William Walker - Second Appellant/Cross-Respondent Michael Noel Crozier - Third Appellant/Cross-Respondent Ian James Graham - Respondent/Cross-Appellant

FILE NUMBER(S): CA 40435/07

COUNSEL: R F Margo SC & T Leibman - Appellants/Cross-Respondents G Lindsay SC & J T Johnson - Respondent/Cross-Appellant