Helensburgh Property Management Pty Ltd v Brady [2015] NSWSC 1861

Supreme Court New South Wales

Medium Neutral Citation: Helensburgh Property Management Pty Ltd v Brady [2015] NSWSC 1861 Hearing dates: 3 and 4 December 2015 Date of orders: 09 December 2015 Decision date: 09 December 2015 Jurisdiction: Equity - Expedition List Before: Bergin CJ in Eq Decision: Agreement to be rectified to include a post-employment restraint for 6 months and 15 kilometres from the office at which defendant employed. Plaintiff has established defendant in breach of Employment Agreement. Matter listed for hearing on damages. Catchwords: CONTRACT – where defendant employed as property manager in real estate agency – where employment agreement included obligations in respect of confidential information – whether defendant in breach in poaching clients, setting up business in competition and misusing confidential information whilst still employed with plaintiff.

RECTIFICATION – where post-employment restraint in original contract of 6 months and 15 kilometres from office – where new contract included different restraint – 12 months in area not including the relevant office - whether mistake – whether agreement should be rectified. Legislation Cited: Restraints of Trade Act 1976 Cases Cited: Aspro's Pty Ltd v Hayter & Ors [2005] ANZ ConvR 425 Betts v Conolly (1970) 120 CLR 417 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640 First Conferences Services Ltd v Bracchi [2009] EWHC 2176 (Ch) Hivac Ltd v Park Royal Scientific Instruments Ltd [1946] Ch 169 Maralinga Pty Ltd v Major Enterprises Pty Ltd (1973) 128 CLR 336 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37 Noon v Bondi Beach Astra Retirement Village Pty Ltd [2010] NSWCA 202 Schindler Lifts Australia Pty Ltd v Debelak (1989) 89 ALR 275 Wessex Dairies Ltd v Smith [1935] 2 KB 80 Westpac Banking Corp v Tanzone Pty Ltd (2000) 9 BPR 17,521 Category: Principal judgment Parties: Helensburgh Property Management Pty Ltd (Plaintiff) Emma Elizabeth Brady (1st Defendant) All Over Rentals Pty Ltd (2nd Defendant) Representation: Counsel: TS Hale SC/J Gatland (Plaintiff) RA Parsons (1st and 2nd Defendant)