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 refused
Cases – enforcing restraint of trade clauses
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Blue Rock Australia PL v Kaushik [2025] FCA 176
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…
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Harman v Opus Recruitment Solutions – Australia Pty Ltd (Stay Application) [2024] FCA 1356
INDUSTRIAL LAW – application to declare restrictive covenants in an employment contract and shareholder agreement invalid – where each of the clauses are respectively the subject of exclusive jurisdiction clauses of New South Wales and England and Wales – applications for declarations that the employment ceased by reason of redundancy and also as to how…
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Dreamstreet Lending Pty Ltd v Weiss (No 2) [2023] FCA 684
CONTRACT – contractual interpretation – breach of contract – services agreement between consultant and mortgage broking business – where applicant claimed consultant breached notice period clause – where applicant claimed consultant breached an exclusive service obligation – where applicant claimed consultant breached confidentiality obligations – where consultant made and retained various downloads of customer-related information…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0502
For more information, see the original judgement.
