Georges Apparel Pty Ltd v Giardina [2017] NSWSC 290

Supreme Court New South Wales

Medium Neutral Citation: Georges Apparel Pty Ltd v Giardina [2017] NSWSC 290 Hearing dates: 21/03/2017 Date of orders: 21 March 2017 Decision date: 21 March 2017 Jurisdiction: Equity Before: McDougall J Decision: Plaintiff entitled to some but not all of the relief sought. Parties to bring in draft orders. Catchwords: RESTRAINT OF TRADE – application for interlocutory injunction – balance of convenience – where removal of non-compete clause was negotiated – where first defendant has confidential information – whether delivery up of computer devices by the first defendant would provide sufficient protection – adequacy of damages as a remedy for any breach – whether parties capable of assessing their best interests at the time of contracting – where proposed orders would expose the first defendant to hardship Cases Cited: Emeco International Pty Ltd v O'Shea (No 2) (2012) 225 IR 423 at [4] Lindner v Murdock's Garage (1950) 83 CLR 628 Category: Procedural and other rulings Parties: Georges Apparel Pty Ltd (Plaintiff) Claudia Giardina (First Defendant) Elvina Agostino (Second Defendant) Moorebank Uniforms & Embroidery Pty Ltd (Third Defendant) E&C School Uniforms Pty Ltd (Fourth Defendant) Representation: Counsel: D Mahendra (Plaintiff) J D Donnelly (First Defendant) M J Wells (Second and Third Defendant)

Solicitors: Australian Business Lawyers & Advisors (Plaintiff) D'Agostino Solicitors (First Defendant) File Number(s): 2017/82846