NSW Caselaw
New South Wales Supreme Court
CITATION : Sonnet Corp Pty Ltd v Wilson [2008] NSWSC 579
HEARING DATE(S) : 21, 26 & 30 May and 6 June 2008
JUDGMENT DATE : 6 June 2008
JURISDICTION : Equity
JUDGMENT OF : Hamilton J
DECISION : Application for injunction to restrain employment of first defendant refused.
CATCHWORDS : TRADE AND COMMERCE [26] – Trade and commerce generally – Restraint of trade – Restraint by agreement – Construction of agreements in restraint of trade – Covenant not to compete – Any business competitive with the business of the plaintiff – Meaning of "competitive".
CATEGORY : Procedural and other rulings
Australian Regional Wholesalers v Stafford [2007] NSWSC 572 Capgemini US v Case [2004] NSWSC 674 Ecowize Holdings Pty Ltd v Langley [2006] NSWSC 1291 CASES CITED : John Fairfax Publications Pty Limited v Birt [2006] NSWSC 995 Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533 Landmark Underwriting Agency Pty Ltd v Kilborn [2006] NSWSC 1108 Littlewoods Organisation Ltd v Harris [1977] 1 WLR 1472 Woolworths Ltd v Olson [2004] NSWCA 372
Sonnet Corporation Pty Limited (P) PARTIES : Keith Wilson (D1) Hansoni Pty Limited (D2)
FILE NUMBER(S) : SC 2824/08
COUNSEL : A R Moses (P) P M Barham (Ds)
SOLICITORS : Sparke Helmore (P) Somerville & Co (Ds)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
HAMILTON J
FRIDAY, 6 JUNE 2008
2824/08 SONNET CORPORATION PTY LIMITED v KEITH WILSON & ANOR JUDGMENT 1 HIS HONOUR: This is an application for restraints of two defendants by the former employer of the first defendant. The second defendant is a company associated with the first defendant. The first defendant formerly performed the duties of the Chief Operating Officer of the plaintiff. His engagement with the plaintiff was terminated on 31 January 2008. He is now working for People Telecom Limited ("PEO"), which is alleged to be a competitor of the plaintiff. 2 The plaintiff seeks that the defendants be restrained from:
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