NSW Caselaw
New South Wales Supreme Court
CITATION : IceTV Pty Ltd v Ross [2009] NSWSC 980
HEARING DATE(S) : 27 - 29 April, 2 - 3 July 2009
JUDGMENT DATE : 18 September 2009
JURISDICTION : Equity Division Expedition List
JUDGMENT OF : Rein J
DECISION : (1) The defendants are liable to the plaintiff in the amount of $35,000 plus interest and costs. (2) Judgment for the cross-defendant on the defendants' first cross-claim.
CATCHWORDS : TRADE AND COMMERCE – other regulation of trade or commerce – restraints of trade – employment contracts for Chief Executive Officer and Chief Technical Officer – validity of employment contracts – allegation of breach of non-solicitation and confidentiality clauses – whether restraints of trade were defective – whether the restraints of trade were breached – calculation of damages for breach of non-solicitation clause - EQUITY – equitable remedies – injunctions – cross claim for damages arising out of interlocutory injunction which ought not have been granted because the plaintiff's undertaking as to damages was worthless
LEGISLATION CITED : Restraints of Trade Act 1976
CATEGORY : Principal judgment
Cactus Imaging Pty Ltd v Peters [2006] NSWSC 717 Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 150 CLR 29 Coote v Sproule (1929) 29 SR (NSW) 578 Griffiths & Bereens Pty Ltd v Duggan [2008] VSC 201; (2008) 66 ACJR 472 CASES CITED : IceTV Pty Ltd v Ross [2007] NSWSC 635 IceTV Pty Ltd v Ross [2007] NSWSC 1232 Koops Martin Financial Services Pty Ltd v Dean Reeves [2006] NSWSC 449 Placer (Granny Smith) Pty Ltd v Theiss Contractors Pty Ltd (2003) 196 ALR 257 Veremu Pty Ltd v Ezishop.Net Ltd [2003] NSWCA 317
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