CONTRACTS – restraint of trade – where restraints in shareholders agreement and employment agreement contain cascading provisions in relation to restraint duration and restraint area – whether restraints are void for uncertainty – whether restraints are reasonably necessary to protect legitimate interests of first and fifth respondents – HELD: restraints valid to an extent
Recent cases about restraint of trade
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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…
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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…
