NSW Caselaw
New South Wales Supreme Court
CITATION : Marlov Pty Ltd v Murat Col [2009] NSWSC 501
HEARING DATE(S) : 29 May 2009
JUDGMENT DATE : 5 June 2009
JURISDICTION : Equity
JUDGMENT OF : Debelle AJ
CATCHWORDS : CONTRACT – Employment – Restraint of Trade – plaintiff formerly employed first defendant – first defendant now employed by second defendant – whether defendant had solicited customers of plaintiff in breach of contractual restraint – validity of restraint against employment – Held first defendant did not solicit plaintiff's customers and restraint void to the extent that it geographically limited the first defendant's employment.
LEGISLATION CITED : Restraints of Trade Act 1976
CATEGORY : Principal judgment
Buckley v Tutty (1971) 125 CLR 355 Drake Personnel ltd v Beddison [1979] VR 13 Harlow Property Consultants Pty Ltd v Byford Herbert Morris Ltd v Saxelby [1916] 1 AC 688 CASES CITED : Herron v Port Huon Fruit Crower's Co-operative Association Ltd (1922) 30 CLR 315 Koops Martin v Reeves [2006] NSWSC 449 Lindner v Murdock's Garage (1950) 83 CLR 628 Nordenfelt v Martin Nordenfelt Guns and Ammunition Co Ltd [1894] AC 535 Peters (WA) Ltd v Petersville Ltd (2001) 205 CLR 126
TEXTS CITED : The Restraint of Trade Doctrine (3rd ed)
Marlov Pty Ltd trading as Ray White Carnes Hill (Plaintiff) PARTIES : Murat Col (First Defendant) Ashcroft Cleaning Services Pty Ltd trading as Wiseberry Acclaim (Second Defendant)
FILE NUMBER(S) : SC 1872/2009
COUNSEL : B Obradovic (Plaintiff) B Spinks (Defendants)
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