NSW Caselaw
New South Wales Supreme Court
CITATION : FNET v Laksanabencharong [2009] NSWSC 708 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 23rd June 2009
JUDGMENT DATE : 30 June 2009
JURISDICTION : Equity
JUDGMENT OF : Slattery J at 1
DECISION : A restraint should be imposed in the terms sought by the plaintiff but not one that will endure for a period longer than the restraint that is likely to be imposed at a final hearing.
CATCHWORDS : Termination of sub-contract - Breach of terms of sub-contract - Restraint clause - Want of consideration for restraint - Reasonableness of restraint - Damages as an adequate remedy - Interlocutory relief
CATEGORY : Principal judgment
Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63; (2001) 208 CLR 199 Cactus Imaging Pty Limited v Glenn Peters [2006] NSWSC 717 CASES CITED : Cremoata v Rice Equalization Association Limited (1953) 89 CLR 286 Hitech Contracting Limited v Lynn BC200108978 Industrial Rollformers Pty Limited v Ingersoll Rand (Australia) Pty Limited [2001] NSWCA 111 Sundell & Sons Pty Limited v Erin Yannoulatos (Overseas) Pty Limited (1956) 323
PARTIES : FNET Pty Limited ACN 109 209 547 (Plaintiff) Sitthichai Laskanabencharong (Defendant)
FILE NUMBER(S) : SC 3251/09
COUNSEL : S Phillips (Plaintiff) D Raphael (Defendant)
SOLICITORS : Henry Davis York (Plaintiff) Penhall & Co (Defendant)
- 10 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY LIST
Slattery J
30 June 2009
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