CONTRACTS — interlocutory application by the plaintiff seeking injunctive relief against the defendant, a former employee — where defendant had established her own business and admitted to soliciting the plaintiff’s clients — where the defendant’s employment agreement included post-employment restraint of trade clauses — whether contractual obligations survived the termination of the employment agreement in circumstances where the defendant alleged that the plaintiff had repudiated the agreement — enforceability of restraint of trade clauses — balance of convenience — insufficiently strong prima facie case to justify interlocutory relief beyond undertakings offered by the defendant — orders sought by the plaintiff imprecise and uncertain — subject to undertakings to the Court by the defendant, interlocutory application refused
EQUITY — confidential information — where plaintiff alleged that defendant had retained and made use of confidential information gained during the course of her employment — where plaintiff sought injunction to enforce equitable, statutory and contractual obligations of confidence — insufficiently strong prima facie case to justify interlocutory relief beyond undertakings offered by the defendant — orders sought by the plaintiff were imprecise and uncertain — injunction refused
EQUITY — whether plaintiff should be denied relief due to unclean hands — equitable principle does not apply
TORTS — where plaintiff sought orders to prevent defendant from inducing clients to breach their contracts of engagement of the plaintiff — insufficiently strong prima facie case to justify interlocutory relief — injunction refused
Recent cases about breach of confidence
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Native Extracts Pty Ltd v Plant Extracts Pty Ltd (No 2) [2024] FCA 106
INTELLECTUAL PROPERTY – whether information about extraction machine was confidential information owned by company where second respondent was former director – where machine had been identified by directors as suitable for proposed business prior to incorporation of company – where second respondent was informed about machine by third party on unrestricted basis – where evidence…
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Smart EV Solutions Pty Ltd v Guy [2023] FCA 1580
EQUITY – injunctions – confidential information – director / employee leaving companies in a corporate group and starting a new business in the same industry – evidence that some information taken – injunction granted CORPORATIONS – director and employee duties – misuse of confidential information in competing business – breach of duties under Corporations Act…
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Chan v Commonwealth of Australia as represented by the NDIS Quality and Safeguards Commission [2023] FCA 1458
ADMINSTRATIVE LAW – Employment Law – application for judicial review – interlocutory application for suspension of a decision to suspend APS employee from employment – serious question to be tried – balance of convenience – orders made
