Quantum Service and Logistics Pty Ltd v Schenker Australia Pty Ltd [2019] NSWSC 2

Supreme Court New South Wales

Medium Neutral Citation: Quantum Service and Logistics Pty Ltd v Schenker Australia Pty Ltd [2019] NSWSC 2 Hearing dates: 12 – 13 December 2018 Date of orders: 11 January 2019 Decision date: 11 January 2019 Jurisdiction: Equity Before: Robb J Decision: (1) Upon the plaintiff by its counsel giving the usual undertaking as to damages, and subject to the condition that the plaintiff implements and continues in a bona fide way to implement the offer made by the plaintiff to the second defendant in Exhibit P4, the Court orders that the first defendant be restrained, until the final determination of these proceedings or the further order of the Court, from employing the second defendant. (2) See par 177 on the issue of costs. The Court will hear the parties as to costs if necessary. Otherwise, the parties have leave to submit short minutes of order. Catchwords: EQUITY — Equitable remedies — Injunctions — Application for interlocutory injunction — whether an ex parte injunction prohibiting the first defendant from employing the plaintiff's former employee, the second defendant, should be extended until further order of the Court on an interlocutory basis following an inter partes hearing — prima facie case — balance of convenience — impact of expedition and delay on evidence in applications for injunctive relief — the outcome of the interlocutory application is not likely to have the practical effect of finally determining the rights of the parties — the plaintiff has demonstrated a sufficiently strong case to justify the Court in deciding that the existing interlocutory injunction should be continued until further order of the Court