Metcash Limited & Anor v Jardim (aka Lou Jardin) & Anor [2010] NSWSC 936

New South Wales Supreme Court

CITATION : Metcash Limited & Anor v Jardim (aka Lou Jardin) & Anor [2010] NSWSC 936

HEARING DATE(S) : 30 August 2010

JUDGMENT DATE : 31 August 2010

JUDGMENT OF : Ball J

1. On the plaintiffs giving the usual undertaking as to damages, that until 4.00 pm on 15 September 2010, or further order, Jardim Investments Pty Limited, whether by itself or by its servants or agents, be restrained from acquiring or otherwise becoming interested in more than 5 per cent of the issued investments of any class of SPAR Australia Limited or of any of its associated entities. DECISION : 2. Liberty to apply on 2 days' notice. 3. Costs reserved. 4. Leave to the parties to take these orders out forthwith.

CATCHWORDS : INTERLOCUTORY INJUNCTIONS - Restraints of trade - whether restraint binding on defendant can be extended to a company controlled by defendant's family - whether company was acting as agent for defendant - balance of convenience in circumstances where there is a short time between granting of interlocutory relief and final hearing

LEGISLATION CITED : Restraints of Trade Act 1976 (NSW)

CATEGORY : Procedural and other rulings

Gilford Motor Company, Limited v Horne [1933] 1 Ch 935 CASES CITED : ICT Pty Ltd v Sea Containers Ltd (1995) 39 NSWLR 640; 39 NSWLR 657 Portal Software v Bodsworth [2005] NSWSC 1179 Stacks Taree v Marshall (No 2) [2010] NSWSC 77

Metcash Limited ACN 112 073 480 (First Plaintiff) PARTIES : Metcash Trading Limited ACN 000 031 569 (Second Plaintiff) Jaoa Louis Jardim (First Defendant) Jardim Inevstments Pty Limited ACN 145 255 894 (Second Defendant)