Infinity Gym Sports & Health Pty Limited v Ageev [2019] NSWSC 1505

Supreme Court New South Wales

Medium Neutral Citation: Infinity Gym Sports & Health Pty Limited v Ageev [2019] NSWSC 1505 Hearing dates: 31 October 2019 Date of orders: 31 October 2019 Decision date: 31 October 2019 Jurisdiction: Equity Before: Ball J Decision: (1) An order in terms of paragraph 1(i) and (iv) of the summons:

"Until further order of the Court an injunction restraining the Defendant from:

(i) Engaging in any employment, business, financial relationship or activity with REC Industries Pty Ltd (ABN 93 156 071 340) trading as Icon Gymsports … (iv) Encouraging or persuading club stakeholders, including customers, suppliers, sponsors or partners to terminate their business or custom with the Plaintiff." Catchwords: COMMERCE – Restraint of Trade – Enforcement and remedies – Injunction – question as to extent to which restraint is reasonably necessary – enforcement of express negative stipulation in employment contract – likely strength of case for entitlement to final injunction – balance of convenience – delay in bringing application – damage likely to be suffered if injunction not granted – possible hardship in event injunction is granted Legislation Cited: Restraints of Trade Act 1976 (NSW) Cases Cited: Curro v Beyond Productions Pty Ltd (1993) 30 NSWLR 337 Kearney v Crepaldi & Ors [2006] NSWSC 23 Seven Network (Operations) Limited v James Warburton (No 2) [2011] NSWSC 386 Category: Procedural and other rulings Parties: Infinity Gym Sports & Health Pty Ltd (Plaintiff) Andrey Ageev (Defendant) Representation: Counsel: KG Bennett (Plaintiff) No Appearance (Defendant)