Devine Real Estate Concord Pty Ltd v Agha (No 2) [2018] NSWSC 564

Supreme Court New South Wales

Medium Neutral Citation: Devine Real Estate Concord Pty Ltd v Agha (No 2) [2018] NSWSC 564 Hearing dates: 19 April 2018 Date of orders: 19 April 2018 Decision date: 19 April 2018 Jurisdiction: Equity - Duty List Before: Parker J Decision: Consequential orders made to resolve the parties' dispute as to the plaintiffs' proposed short minutes of order, and finalise the form of interlocutory orders to give effect to his Honour's first decision.

Multiple interlocutory restraints imposed on the first and second defendants to reflect the contractual, statutory, and equitable obligations that they each owe to the plaintiffs. Catchwords: CIVIL PROCEDURE – where plaintiffs have drafted short minutes of order to give effect to first decision – interlocutory relief – restraints – whether contractual, statutory, and equitable restraints should be imposed in the form proposed by the plaintiffs – where the defendants are former employees of the first plaintiff – contractual obligations arising under employment agreements – statutory obligations – Corporations Act 2001 (Cth), s 183 – improper use of information obtained as a director or employee to gain advantage – whether a proposed order that copies statutory language is appropriate – equitable obligations – equitable obligations of confidence - whether a proposed order that attempts to summarise equitable doctrine is impermissibly vague

CIVIL PROCEDURE – confidential information – where plaintiffs' evidence included copies of confidential information purportedly taken from them by the defendants – where plaintiffs did not seek orders to restrict the disclosure of confidential information at the time the evidence was read or tendered – Court Suppression and Non-Publication Orders Act 2010 (NSW), s 6 – whether requirements are now met for an order restricting use of the plaintiffs' confidential information – open justice rule – powers to bind litigants and legal practitioners in their conduct outside the courtroom in relation to their use of confidential information – express or implied obligation on defendants' legal practitioners from time of service to restrict use of the plaintiffs' evidence to use in the proceedings – the court is not deprived of its power to bind litigants and legal representatives due to the plaintiffs' failure to seek an order restricting the use of confidential information when their evidence was read or tendered Legislation Cited: Corporations Act 2001 (Cth), s 183 Court Suppression and Non-Publication Orders Act 2010 (NSW), s 6 Cases Cited: Hearne v Street (2008) 235 CLR 125 John Fairfax and Sons Limited v Police Tribunal of New South Wales (1986) 5 NSWLR 465 Rinehart v Welker [2011] NSWCA 403 Category: Consequential orders (other than Costs) Parties: Devine Real Estate Concord Pty Limited (First Plaintiff) Devine Real Estate Drummoyne Pty Ltd (Second Plaintiff) Steven James Devine (Third Plaintiff) EMC Just Holdings Pty Ltd (Fourth Plaintiff) Wajih Agha (aka Roger Agha) (First Defendant) Lewis Coombe (Second Defendant) Representation: Counsel: V Heath (Plaintiff) P Doyle Gray (First and Second Defendants)