LiveBetter Services Ltd v Quarmby [2020] NSWSC 7

Supreme Court New South Wales

Medium Neutral Citation: LiveBetter Services Ltd v Quarmby [2020] NSWSC 7 Hearing dates: 10 January 2020 Decision date: 16 January 2020 Jurisdiction: Equity Before: Robb J Decision: See [103] Catchwords: EQUITY — equitable remedies — injunctions — Interlocutory injunction — where first defendant a former employee of the plaintiff which is a not-for-profit company offering disability services to customers — where first defendant established the second defendant through which to conduct a business that offers disability services to customers — plaintiff alleges first defendant in breach of confidentiality clause and restraint of trade clause in former employment contract — prima facie case established — balance of convenience — consideration of the impact of an injunction on third parties — not appropriate at the present time to grant injunctive relief

RESTRAINT OF TRADE — general principles governing enforcement of restraint of trade provisions — whether the alleged breach infringes the terms of the restraint — where restraint of trade clause has no temporal or geographical limitation Legislation Cited: Corporations Act 2001 (Cth), ss 181, 182, 183 Evidence Act 1995 (NSW), s 75 Restraints of Trade Act 1976 (NSW), s 4 Cases Cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Del Casale v Artedomus (Aust) Pty Ltd [2007] NSWCA 172; (2007) 165 IR 148 Isaac v Dargan Financial Pty Ltd (2018) 98 NSWLR 343; [2018] NSWCA 163 National Commercial Bank Jamaica Ltd v Olint Corp Pty Ltd [2009] 1 WLR 1405 Robb v Green [1895] 2 QB 315 Scruples Imports Pty Ltd v Crabtree & Evelyn Pty Ltd (1983) 1 IPR 315 X v Commonwealth of Australia (1999) 200 CLR 177; [1999] HCA 63 Texts Cited: J D Heydon, M J Leeming and P G Turner, Meagher, Gummow & Lehane's Equity Doctrines & Remedies (5th ed, 2015, LexisNexis Butterworths) Category: Procedural and other rulings Parties: LiveBetter Services Ltd (plaintiff) Ryan Quarmby (first defendant) New Directions Disability Services Ltd (second defendant) Representation: Counsel: M Easton (plaintiff) N Olson (defendants)