Tipto Pty Ltd v Yuen [2015] NSWSC 1086

Supreme Court New South Wales

Medium Neutral Citation: Tipto Pty Ltd v Yuen [2015] NSWSC 1086 Hearing dates: 11 – 15 May and 9 June 2015 Date of orders: 07 August 2015 Decision date: 07 August 2015 Jurisdiction: Equity Division Before: Robb J Decision: (1) The plaintiffs' application to amend par 53 and to add pars 77A to 77G to their statement of claim is dismissed.

(2) The plaintiff's claims are dismissed.

(3) The plaintiffs are ordered to pay the defendants' costs.

(4) The defendants are directed to deliver to the associate to Robb J within 14 days any submissions they wish to make concerning the basis upon which the costs payable by the plaintiffs should be assessed in respect of any aspects of the plaintiffs' claims.

(5) The plaintiffs are directed to deliver any submissions in response to any submissions made by the defendants to the associate to Robb J within 14 days of receipt.

(6) Exhibits and any documents produced on subpoena may be returned forthwith in accordance with the rules of the Court. Catchwords: PROCEDURE – application to amend statement of claim – dismissed

CONTRACTS – construction of employment contract – whether breach of restraint of trade – ordinary and natural meaning of clauses – consideration of contra proferentum principle – plaintiffs' claim for breach fails – observation that first defendant had no intention to contravene restraint – not appropriate to issue injunction to restrain trade – first defendant a credible witness – whether breach of confidentiality agreement – information disclosed by first defendant was of a general nature and reasonable – no breach of confidence to former employer/plaintiffs Legislation Cited: Corporations Act 2001 (Cth) Evidence Act 1995 (NSW) Restraints of Trade Act 1976 (NSW) Cases Cited: Carr v Blade Repairs Australia Pty Ltd (No 2) [2010] FCA 688 CE Heath Underwriting & Insurance (Aust) Pty Ltd v Edwards Dunlop & Co Ltd (1993) 176 CLR 535 Darlington Futures Ltd v Delco Australia Pty Ltd (1986) 161 CLR 500 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640 Mainteck Services Pty Ltd v Stein Heurtey [2014] NSWCA 184 Maye v Colonial Mutual Life Assurance Society Ltd (1924) 35 CLR 14 North v Marina [2003] NSWSC 64 Riverwood International Australia Pty Ltd v McCormick [2000] FCA 889; (2000) 177 ALR 193 State Lotteries Office v Burgin (unreported, NSW Court of Appeal, 19 May 1993; BC9301896) Wesoky v Village Cinemas International Pty Ltd [2001] FCA 32 Texts Cited: Heydon, Leeming and Turner, Meagher, Gummow and Lehane's Equity: Doctrines & Remedies (5th ed.) Category: Principal judgment Parties: Tipto Pty Ltd (first plaintiff) SWU Financial Planning Pty Ltd (second plaintiff) Premium China Funds Management Pty Ltd (third plaintiff) Kam Cheun Yuen (first defendant) CoWealth Partners Pty Ltd (second defendant) Representation: Counsel: R Gration (plaintiffs) J Fernon SC/D Scully (defendants)