Grace Worldwide (Australia) Pty Limited (ACN 070 345 845) v Steve Alves [2017] NSWSC 1296

Supreme Court New South Wales

Medium Neutral Citation: Grace Worldwide (Australia) Pty Limited (ACN 070 345 845) v Steve Alves [2017] NSWSC 1296 Hearing dates: 17, 18 August 2017 Date of orders: 26 September 2017 Decision date: 26 September 2017 Jurisdiction: Equity Before: Slattery J Decision: See paragraphs [103] to [111] Catchwords: CONTRACTS – Illegality – Restraint of trade – Employment Contracts – senior employee working in removals and storage industry gives notice and signs contract of employment with competitor company - whether the former employee should be restrained from working for competitor company – whether form of restraint protects legitimate business interests of former employer – application of the Restraints of Trade Act 1976 – whether restraint in the public interest - reasonableness of restraint.

CONTRACTS – Construction – Interpretation – consideration of applicable notice period – implied term permitting employer to direct employee to take garden leave - whether employee would be entitled to a bonus by reason of rendering service rather than serving out a contractual notice period on garden leave

CONTRACTS — Termination — Repudiation of contract – whether employment contract repudiated by employer – effect of potential repudiation on any post-employment restraint and any otherwise required notice of termination. Legislation Cited: Restraints of Trade Act 1976 Supreme Court Act 1970, s 63 Cases Cited: Actrol Parts Pty Ltd v Coppi (No. 2) [2015] VSC 694 Commonwealth Bank of Australia v Barker (2014) 253 CLR 169 Overlook v Foxtel [2002] NSWSC 17 Pacific Brands Sport & Leisure Pty Ltd v Underworks Pty Ltd [2006] FCAFC 40 Romero v Farstad Shipping (Indian Pacific) Pty Ltd (No. 3) [2017] FCAFC 102 Stacks Taree v Marshall [No. 2] [2010] NSW SC 77 Wesoky v Village Cinemas International Pty Ltd [2001] FCA 32 William Hill Organisation Limited v Tucker [1999] ICR 291 Category: Principal judgment Parties: Plaintiff: Grace Worldwide (Australia) Pty Limited (ACN 070 345 845)