PRACTICE AND PROCEDURE – interlocutory application for urgent injunctive relief – where respondent a former employee of applicant’s – where employment contract contained restraint clause prohibiting post-employment solicitation of clients – where respondent tendered resignation to commence employment with applicant’s competitor – where applicant seeks injunction to prevent solicitation of clients – enforceability of covenants in restraint of trade – whether prima facie case established – whether balance of convenience favours grant of injunction – application dismissed.
Related cases – restraint of trade
-
Boating Syndication of Australia Pty Ltd v BSA Management Qld Pty Ltd [2024] FCA 502
PRACTICE AND PROCEDURE – interlocutory application to enforce contractual restraint of trade clause – application of Restraint of Trade Act (NSW) – where applicant bears the onus of proof – where there is a serious question to be tried – where the balance of convenience does not favour the grant of an injunction – application…
-
Techforce Personnel Pty Ltd v Jaffer [2023] FCA 1674
PRACTICE AND PROCEDURE – urgent application for an interlocutory injunction – contractual restraint of trade clauses – order sought to restrain former employee of applicant from soliciting or contacting clients of applicant – where contractual restraint period of several months – where strength of applicant’s case and evidence as a whole demonstrates a serious question…
