UP Australia Pty Ltd v McDonald & Anor [2018] NSWSC 218

Supreme Court New South Wales

Medium Neutral Citation: UP Australia Pty Ltd v McDonald & Anor [2018] NSWSC 218 Hearing dates: 21 February 2018 Date of orders: 23 February 2018 Decision date: 28 February 2018 Jurisdiction: Equity Before: Slattery J Decision: Interlocutory injunctions granted against both defendants. Matter referred to Expedition List on 2 March 2018. Catchwords: EQUITY - interlocutory injunctions - serious question to be tried - balance of convenience - interests associated with the first defendant to sell a gym business to the plaintiff - second defendant is employed as a mentor within the gym business from the time of the sale - post-sale restraints agreed to by the first defendant - second defendant leaves the employment of the plaintiff and proposes to work for first defendant - whether first defendant's business competes with the plaintiff's business - whether the second defendant's proposed employment with the first defendant should be restrained pending final hearing. Legislation Cited: Civil Procedure Act 2005, s 26 Supreme Court Act 1970, s 66(4) 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 Beecham Group Limited v Bristol Laboratories Pty Limited (1968) 118 CLR 618 Beese v Woodhouse [1970] 1 WLR 586 Buckley & Ors v Tutty (1971) 125 CLR 353 John Fairfax Publications Pty Ltd v Birt & Ors [2006] NSWSC 995 Kearney v Craepoldi & Ors [2006] NSWSC 23 Kores Manufacturing Co Ltd v Kolok Manufacturing Co Ltd [1959] Ch 108 Kolback Securities Ltd v Epoch Mining (1987) 8 NSWLR 533 McCarty v Council of the Municipality of North Sydney (1918) 18 SR (NSW) 210 Stacks Taree v Marshall (No. 2) [2010] NSWSC 77 Trego v Hunt [1896] AC 7 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: UP Australia Pty Ltd First Defendant: Daine McDonald Second Defendant: Mark Carroll Representation: Counsel: