PRACTICE AND PROCEDURE – interlocutory application for urgent injunctive relief and freezing orders – where first respondent a former employee, director and shareholder of first applicant – where employment contract contained restraint clause prohibiting post-employment solicitation of or interference with clients – where first respondent’s notice of departure as a shareholder given under exit agreement but share transfer ultimately executed under a separate agreement containing entire agreement clause – where exit agreement contained a restraint clause prohibiting competition – where first respondent started a competing business about six months after departure – where applicants seek injunction to prevent amongst other things competition with first applicant – where making of application attended by delay – enforceability of covenants in restraint of trade – whether prima facie case established – whether balance of convenience favours grant of injunction – whether circumstances such as to warrant freezing orders – application dismissed in part
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca1105For more information, see the original judgement.
