Helensburgh Property Management Pty Ltd v Brady [2016] NSWSC 253

Supreme Court New South Wales

Medium Neutral Citation: Helensburgh Property Management Pty Ltd v Brady [2016] NSWSC 253 Hearing dates: 11, 12, 16 February 2016 Decision date: 17 March 2016 Jurisdiction: Equity Before: Bergin CJ in Eq Decision: The plaintiff is entitled to the entry of judgment against the first defendant in the amount of $33,740. Catchwords: DAMAGES – where the defendant in breach of contract in poaching clients during and after employment with plaintiff – whether plaintiff entitled to damages assessed on basis of diminution in value of rent roll – whether clients would have left the plaintiff irrespective of defendant's breach – assessment on basis of lost commissions Cases Cited: AMP Services Ltd v Manning [2006] FCA 256 AMP Services Ltd v Manning (No 2) [2007] FCA 82 Commonwealth v Amman Aviation Pty Ltd (1991) 174 CLR 64 Ellis v Wallsend District Hospital (1989) 17 NSWLR 553 Helensburgh Property Management Pty Limited v Brady [2015] NSWSC 1861 Malec v JC Hutton Pty Ltd (1990) 169 CLR 638 Robinson v Harman [1848] 1 ER 135 Seltsam Pty Ltd v McNeill [2006] NSWCA 158 Southern Real Estate Pty Ltd v Dellow and Arnold [2003] SASC 318; (2003) 87 SASR 1 Category: Principal judgment Parties: Helensburgh Property Management Pty Ltd (Plaintiff) Emma Elizabeth Brady (First Defendant) All Over Rentals Pty Ltd (Second Defendant) Representation: Counsel: T Hale SC/J Gatland (Plaintiff) RA Parsons (1st and 2nd Defendant)