NSW Caselaw
New South Wales Supreme Court
CITATION : Metcash Limited & Anor v Joao Louis Jardim (aka Louis Jardin) & Anor (No 4) [2010] NSWSC 1135
HEARING DATE(S) : 29 September 2010
JUDGMENT DATE : 12 October 2010
JUDGMENT OF : Ball J
DECISION : Paragraphs 2 and 3 of the Amended Cross-Claim be dismissed.
CATCHWORDS : COMPETITION LAW - Competition Code - employment contract - restraint on investment in a competitor - whether restraint had the likely effect of substantially lessening competition.
Competition Policy Reform (New South Wales) Act 1995 (NSW) LEGISLATION CITED : Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) New South Wales Competition Code (NSW) Trade Practices Act 1974 (Cth)
CATEGORY : Principal judgment
CASES CITED : Kizbeau Pty Ltd v WG & B Pty Ltd (1995) 184 CLR 281 Metcash Jardim (aka Louis Jardin) (No 3) [2010] NSWSC 1096
Metcash Limited ACN 112 073 480 (First Plaintiff) PARTIES : Metcash Trading Limited ACN 000 031 569 (Second Plaintiff) Jaoa Louis Jardim (First Defendant) Jardim Investments Pty Limited ACN 145 255 894 (Second Defendant)
FILE NUMBER(S) : SC 2010/242993
J J Fernon SC (Plaintiffs) M White (Plaintiffs) COUNSEL : I M Neil SC (First Defendant) R Gration (First Defendant) A Zahra (Second Defendant)
Freehills (Plaintiffs) SOLICITORS : Harmers (First Defendant) Clamenz Corporate Lawyers (Second Defendant)
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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