NSW Caselaw
New South Wales Supreme Court
CITATION : Brink's v Kane [2007] NSWSC 62
HEARING DATE(S) : 25 January 2007
JUDGMENT DATE : 25 January 2007
JUDGMENT OF : McDougall J at [1]
EX TEMPORE JUDGMENT DATE : 25 January 2007
DECISION : See paras [53] to [56] of judgment
CATCHWORDS : RESTRAINT OF TRADE - employment contract - application for interlocutory injunction - whether serious question to be tried - whether enforcement of restraint necessary to protect "legitimate interests" of employer in its confidential information - nature of interest sought to be protected - whether restraint is contrary to public policy - whether exploitation of a connection built up in the course of former employment - balance of convenience and discretion - whether hardship would be suffered if restraint enforced - no question of principle
Foulkes Pty Limited v Jack [2000] NSWSC 1064 John Fairfax Publications Pty Ltd v Birt [2006] NSWSC 955 Kearney v Crepaldi & Ors [2006] NSWSC 23 CASES CITED : Kolback Securities Limited v Epoch Mining NL [1987] 18 NSWSC 533 Mid-City Skin Cancer & Laser Centre v Zahedi-Anarak [2006] NSWSC 844 Ridgeway International Ltd & Anor v McCullum (Bryson J, 9/4/98, unreported; BC9801178) Woolworths Limited v Mark Konrad Olson [2004] NSWCA 372
PARTIES : Brink's Australia Pty Ltd (Plaintiff) Melville Francis (Defendant)
FILE NUMBER(S) : SC 50003/07
COUNSEL : K M Richardson (Plaintiff) B Spinks (Solicitor) (Defendant)
SOLICITORS : Blake Dawson Waldron (Plaintiff) ERA Legal (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate