NSW Caselaw
New South Wales Supreme Court
CITATION : Gibney & Gunson Inc v Stewart [2009] NSWSC 855
HEARING DATE(S) : 13 August 2009 JURISDICTION : Equity
JUDGMENT OF : Hamilton AJ
EX TEMPORE JUDGMENT DATE : 13 August 2009
DECISION : Interlocutory injunction granted
CATCHWORDS : TRADE AND COMMERCE [28] – Trade and commerce generally – Restraint of trade – Restraint by agreement – Enforcement of agreement – Remedies for breach of agreement – Right to injunction – Interlocutory injunction – Agreement not to act for former clients or customers.
LEGISLATION CITED : Restraint of Trade Act 1976, s 4(3)
CATEGORY : Procedural and other rulings
Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Cerilian Pty Ltd v Graham Fraser [2008] NSWSC 1016 CASES CITED : IceTV v Duncan Ross [2007] NSWSC 635 Kolback Securities Limited v Epoch Mining NL (1987) 8 NSWLR 533 Koops Martin v Dean Reeves [2006] NSWSC 449 Otis Elevator Co Pty Ltd v Nolan [2007] NSWSC 593
PARTIES : Gibney & Gunson Inc (plaintiff) Peta Nicole Stewart (defendant)
FILE NUMBER(S) : SC 4030/09
COUNSEL : G R Waugh D J Jenkins
SOLICITORS : Mr D Norquay (plaintiff) McGlynn & Partners (defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY LIST
HAMILTON AJ
Thursday, 13 August 2009
4030/09 Gibney & Gunson Inc v Peta Stewart JUDGMENT (ex tempore) 1 HIS HONOUR: This is an application for an interlocutory injunction in proceedings between the plaintiff, which is a corporation that conducts a solicitors' practice in Laverton, a suburb of Albury, and the defendant, who was formerly employed by the plaintiff as a conveyancer. 2 The defendant entered the plaintiff's employ in 2004 and left it on 24 March 2009 after being informed that her salary and her support services were to be reduced. 3 The agreement under which she initially entered into employment contained a clause imposing post termination competition restrictions that included a provision that she would not after the termination of employment: solicit, canvass or in any way whatsoever seek the custom of or act for directly or indirectly any of the customers or clients of the Company whether on behalf of themself [ sic ] or for any other party as an Employee otherwise whether directly or indirectly.
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