NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Thinkstorm Pty Ltd v Farah [2017] NSWSC 11 Hearing dates: 23, 25 and 27 January 2017; and written submissions Date of orders: 30 January 2017 Decision date: 30 January 2017 Jurisdiction: Equity Before: Lindsay J Decision: Injunction granted in aid of contractual restraint of trade expressed to operate for 12 months after termination of employment. Catchwords: RESTRAINT OF TRADE – whether there is a protectable interest - "goodwill" capable of being protected by a reasonable post-employment contractual restraint of trade
CONTRACTS – contract of employment – whether restraint of trade clause reasonable Legislation Cited: Evidence Act 1995 NSW Fair Work Act 2009 Cth Fair Work Regulations 2009 Cth Cases Cited: Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd (1998) 14 NSWLR 523 Jardin and Jardim Investments Pty Ltd v Metcash Ltd and Metcash Trading Ltd [2011] NSWCA 409 Portal Software v Bodsworth [2005] NSWSC 1179 Russ Australia Pty Ltd v Benny [2006] NSWSC 1118 Texts Cited: JD Heydon, The Restraint of Trade Doctrine (Lexis Nexis, Australia, 3rd ed, 2008) Category: Principal judgment Parties: Plaintiff: Thinkstorm Pty Ltd ACN 127 100 350 Defendant: Munir Farah Representation: Counsel: Plaintiff: R Alkadamani Defendant: B Cross
Solicitors: Plaintiff: Argus Lawyers Defendant: Gilchrist Connell File Number(s): 2016/00352313
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