Special Broadcasting Service Corporation v Andrew Corbett [2016] NSWSC 461

Supreme Court New South Wales

Medium Neutral Citation: Special Broadcasting Service Corporation v Andrew Corbett [2016] NSWSC 461 Hearing dates: 11 April 2016 Date of orders: 20 April 2016 Decision date: 19 April 2016 Jurisdiction: Equity Before: Slattery J Decision: Defendant restrained until the final hearing from working for the ABC. Catchwords: EMPLOYMENT – contract of employment – defendant is a senior technical employee of the plaintiff, a public media broadcaster – his contract of employment expires on 30 June 2017 – in February 2016 the defendant gave five weeks' notice of termination of his employment with the defendant – whether or not the employment contract is terminable on reasonable notice before 30 June 2017 – if the contract is terminable on reasonable notice, whether the defendant has given sufficient notice of termination – whether the contract is void as a restraint of trade.

CONFIDENTIAL INFORMATION - whether the plaintiff's information is confidential – proof of the extent of confidential information in the defendant's hands – whether the defendant is likely to use any confidential information of the plaintiff prior to the hearing.

INJUNCTION – interlocutory injunction – whether an interlocutory injunction should be granted - whether the plaintiff has established a serious question to be tried – whether the balance of convenience and questions of hardship and other relevant factors favour the grant of an interlocutory injunction in the circumstances - on what terms should any injunction be granted. Cases Cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Beecham Group Limited v Bristol Laboratories Pty Limited (1968) 118 CLR 618 Beese v Woodhouse [1970] 1 WLR 586 Byrne v Australian Airlines Limited (1995) 185 CLR 410 Kolback Securities Ltd v Epoch Mining (1987) 8 NSWLR 533: McCarty v Council of the Municipality of North Sydney (1918) 18 SR (NSW) 210 Rogan-Gardiner v Woolworths Ltd [2012] WASCA 31 Tullet Prebon (Australia) Pty Ltd v Purcell [2008] NSWSC 437 Waddell v mathematics.com.au [2013] NSWSC 142 Woolworths Ltd v Olson [2004] NSWCA 372 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies (5th ed 2014, LexisNexis Butterworths) Category: Procedural and other rulings Parties: Plaintiff: Special Broadcasting Service Corporation