NSW Caselaw
New South Wales Supreme Court
CITATION : Allied Express Transport Pty Ltd v Mears [2010] NSWSC 1112
HEARING DATE(S) : 14 September 2010
JUDGMENT DATE : 17 September 2010
JUDGMENT OF : Bryson AJ at 1
DECISION : 1. I note and accept the undertaking of the defendant to the court set out in para (57) of his affidavit of 7 September 2010 and direct that he produce his record of communications for inspection by the plaintiff if required to do so after 29 January 2011. 2. The plaintiff's application for an interlocutory injunction is dismissed with costs.
CATCHWORDS : CONTRACT - restraint of trade - contract of employment contained non-recruitment covenant (anti-poaching) restraining engaging or soliciting staff for 12 months after termination of employment - application for interlocutory injunction - enforceability of restraint on engaging or soliciting staff - prima facie case of soliciting one staff member who had made initial approach to defendant - on the evidence there was faint ground for apprehension of future breaches - interlocutory injunction refused.
LEGISLATION CITED : Not applicable
CATEGORY : Procedural and other rulings
Aussie Home Loans v X Inc Services [2005] NSWSC 285 Brogden v Metropolitan Railway Co (1877) 2 App Cas 666 CASES CITED : Cactus Imaging Pty Limited v Peters [2006] NSWSC 717 Empirnall Holdings Pty Limited v Machon Paull Partners Pty Limited (1988) 14 NSWLR 523 John Fairfax Publications Pty Limited v Birt [2006] NSWSC 995 Waldorf Apartment Hotel The Entrance v Owners Corporation Strata Plan 71623 (2010) NSWCA 226
PARTIES : Allied Express Transport Pty Limited Christopher Mears
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