PRACTICE AND PROCEDURE – Interlocutory Injunction – confidential information – whether the applicant has made out a prima facie case for breach of confidentiality obligations – where there is a sufficient likelihood of success to justify in the circumstances the preservation of the status quo pending the trial – where the balance of convenience favours granting an injunction – injunctive relief refused. PRACTICE AND PROCEDURE – Interlocutory Injunction – whether the applicant has established a prima facie case with respect to a restraint of trade clause in an employment contract – where the parties agree there should be a restraint of trade interlocutory injunction – where the parties disagree as to the terms of that interlocutory injunction – whether the restraint of trade terms in the employment contract are an absurdity and it is self-evident what the objective intention of the parties is taken to have been – whether the balance of convenience favours the granting of interlocutory injunction of the amended contractual terms – injunctive relief granted on amended terms.
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca1154For more information, see the original judgement.
