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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Avant Group Pty Ltd v Kiddle [2023] FCA 685
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…
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AEI Insurance Group Pty Ltd v Martin [2023] FCA 914
EMPLOYMENT AND INDUSTRIAL RELATIONS -interlocutory application for the discharge of an injunction enforcing restraint of trade in a contract of employment – evidence adduced by respondent former employee of applicant as to prejudice and as to conduct contrary to inferences drawn in granting the original injunction – held: injunction discharged Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0914For…
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Energy Action (Australia) Pty Ltd v Ritson [2024] FCA 565
PRACTICE AND PROCEDURE – application for interlocutory injunction purportedly restraining disclosure of confidential information – where applicant is an energy broker and respondent is a former employee – whether balance of convenience favours injunction – where substantial delay in seeking injunction – where terms of injunction are excessive, will inevitably lead to future disputation, and…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0502
For more information, see the original judgement.
