NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Gana Holdings v Renshaw [2013] NSWSC 381 Hearing dates: 05/04/2013 Decision date: 05 April 2013 Jurisdiction: Equity Division Before: McDougall J Decision: Application for injunction to restrain alleged breach of partnership deed fails; limited relief only to be granted. Catchwords: INJUNCTIONS - Interlocutory injunctions - applicant must show sufficient likelihood of success to justify injunctive relief - courts will consider the nature of the rights asserted and the practical consequences of the order - injunctive relief inappropriate where damages sufficient to preserve legitimate interests.
CONTRACTS - restraint of trade - employment - where defendant prohibited from "approaching, canvassing, soliciting or endeavouring to entice away" - unnecessary to show solicitor initiated contact with the solicitee - sufficient to show solicitor took steps to obtain the services of the solicitee. Cases Cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Barrett v Ecco Personnel Pty Ltd (1998) NSWCA 30 Stacks/Taree v Marshall (No.2) [2010] NSWSC 77 Category: Procedural and other rulings Parties: Gana Holdings Pty Ltd & Ors (Plaintiffs) John Brophy Renshaw & Ors (Defendants) Representation: Counsel: DCP Stewart (First Plaintiff) BKB Cross (First Defendant) Solicitors: Chapman Thackeray Law (First Plaintiff) Kemp Strang (First Defendant) File Number(s): 2013/100423
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