NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Think: Education Services Pty Ltd & ors v Lynch [2011] NSWSC 984 Hearing dates: 25 August 2011 Decision date: 29 August 2011 Jurisdiction: Equity Division - Duty List Before: Ward J Decision: Application for interlocutory relief dismissed Catchwords: CIVIL PROCEDURE - interlocutory injunctions - application for injunction to restrain the defendant until further order from performing work for a company identified as a direct competitor in the business of the defendant's previous employer - HELD - application dismissed Legislation Cited: Restraint of Trade Act 1976 (NSW) Cases Cited: ACP Magazines Pty Ltd v Southdown Publications Pty Ltd [2002] NSWSC 715 Cactus Imaging Pty Ltd v Glenn Peters [2006] NSWSC 717; (2006) NSWLR 9 Cerilian Pty Ltd v Graham Fraser [2008] NSWSC 1016 Halliday & Nicholas Insurance Brokers Pty Limited v Corsiatto [2001] NSWCA 188 Huhtamaki Australia Ltd v Botha [2004] NSWSC 386 IceTV v Duncan Ross and Ors [2007] NSWSC 635 John Fairfax Publications Pty Ltd v Birt [2006] NSWSC 995 Kearney v Crepaldi [2006] NSWSC 23 Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533 Mid-City Skin Cancer & Laser Centre v Zahedi-Anarak (2006) 67 NSWLR 569 Network Ten Ltd v Fulwood [1995] NSWCA 311 Otis Elevator Company Pty Ltd v Nolan [2007] NSWSC 593 Robb v Green [1895] 2 QB 1 Romeg Holdings Pty Ltd v Kelly [2010] WASC 404 Seven Network (Operations) Ltd and Ors v James Warburton (No 2) [2011] NSWSC 386 Tullett Prebon (Australia) Pty Ltd v Simon Purcell [2008] NSWSC 852 Woolworths Ltd v Olson [2004] NSWCA 372 Woolworths v Banks [2007] NSWSC 45 Texts Cited: Meagher, Gummow and Lehane, Equity Doctrines and Remedies (2nd edn) Category: Procedural and other rulings Parties: Think: Education Services Pty Ltd (First Plaintiff) Think: Education Group Pty Ltd (Second Plaintiff) Think: Colleges Pty Ltd (Third Plaintiff) Seek Learning Pty Ltd (Fourth Plaintiff) Kevin Lynch (Defendant) Representation: Counsel M McDonald SC with I Taylor (Plaintiffs) R Goot SC with S E J Prince (Defendant) Solicitors Arnold Bloch Leibler (Plaintiffs) Truman Hoyle (Defendant) File Number(s): 11/270226
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