RajLaw NSW Pty Ltd v RajLaw Pty Ltd [2013] NSWSC 1621

Supreme Court New South Wales

Medium Neutral Citation: RajLaw NSW Pty Ltd v RajLaw Pty Ltd [2013] NSWSC 1621 Hearing dates: 25 and 29 October 2013 Decision date: 06 November 2013 Before: Windeyer AJ Decision: Injunction made Catchwords: CONTRACTS - Restraint of trade - Territorial limitation - Sale of legal business - Where vendor restrained from practising in New South Wales - Where vendor transferred clients to a third company carrying on a legal practice - Whether third company could be restrained.

TORT - Specific torts - Inducing breach of contract - Whether injunction could be had as a remedy therefor.

REMEDIES - Equity - Injunctions - Interlocutory - Whether injunction should issue against company not a party to contract. Legislation Cited: Competition and Consumer Act 2010 (Cth) Cases Cited: Albert Locke (1940) Ltd v Winsford Urban District Council (1973) 71 LGR 308 (Chancery Division) Cleary v Kocatekin [2012] NSWSC 692 DC Thomson & Co Ltd v Deakin [1952] Ch 646 Deepcliff Pty Ltd v Gold Coast City Council (2001) 118 LGERA 117 LED Technologies Pty Ltd v Roadvision Pty Ltd (2012) 199 FCR 204 OBG Ltd v Allan [2008] AC 1 Sanders v Snell (1998) 196 CLR 329 Short v City Bank of Sydney (1912) 15 CLR 148 Wilson HTM Investment Group Ltd v Pagliaro (2012) 226 IR 75 Texts Cited: RP Balkin and JLR Davis, Law of Torts (2013, 5th edn) Category: Interlocutory applications Parties: RajLaw NSW Pty Ltd (Plaintiff) RajLaw Pty Ltd (First Defendant) Niren Raj (Second Defendant) Arrow Law Pty Ltd (Third Defendant) Representation: Counsel: AW Street SC/J Jobson (Plaintiff) MR Elliott (Defendant) Solicitors: Norton Rose Fulbright (Plaintiff) Horton Rhodes Lawyers (Defendants) File Number(s): 2013/303761 Publication restriction: