Think Global Recruitment Ltd v Moultrie [2008] NSWSC 869

Think Global Recruitment Ltd v Moultrie [2008] NSWSC 869

The plaintiff failed to establish a serious question to be tried as to breach or threatened breach of the confidentiality covenants in clauses 16, 18.1 and 18.3(a), because the evidence did not sufficiently connect the defendants' Global Ambition activities with use or disclosure of the plaintiff's confidential information and the defendants' evidence showed that relevant client, candidate and vacancy information was widely available from other sources. Although there was a serious question to be tried under clauses 18.2(a) and 18.2(b), the balance of convenience was clearly against interlocutory injunctive relief because the plaintiff had closed its Australian operation, there was delay,...

Jurisdiction
Australia
Judgment Date
22 August 2008
Procedural Posture
Equity Proceeding Seeking Declarations, Damages or an Account of Profits, and Final and Interlocutory Injunctions Concerning Employment Contracts / Interlocutory Application for Injunctions
Outcome
Application for interlocutory injunctive relief refused except for delivery up relief against Mr Moultrie; defendants' undertaking noted and received.
Legal Topics
['interlocutory Injunctions' 'restrictive Covenants in Employment Contracts' 'confidentiality Covenants' 'post Employment Competition' 'delivery Up of Employer Documents' 'balance of Convenience']
['equity' 'employment Law' 'contract Law' 'injunctions' 'restraint of Trade' 'confidential Information'] ['interlocutory Injunctions' 'restrictive Covenants in Employment Contracts' 'confidentiality Covenants' 'post Employment Competition' 'delivery Up of Employer Documents' 'balance of Convenience']

Case Brief

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Procedural Posture

Equity Proceeding Seeking Declarations, Damages or an Account of Profits, and Final and Interlocutory Injunctions Concerning Employment Contracts / Interlocutory Application for Injunctions

Legal Issues

  1. 1 ['Whether there was a serious question to be tried that the defendants breached or threatened to breach confidentiality covenants in clauses 16, 18.1 and 18.3(a) of their employment contracts.' 'Whether there was a serious question to be tried that the defendants breached clause 18.2(a) by being engaged or concerned in Restricted Business within a Restricted Area after termination of employment.' "Whether there was a serious question to be tried that the defendants breached clause 18.2(b) by seeking business in competition with the Restricted Business from the plaintiff's clients." 'Whether any interlocutory relief should be granted having regard to the balance of convenience.' 'Whether Mr Moultrie should be required to surrender electronic files made during his employment and belonging to the plaintiff.']

Ratio Decidendi

The plaintiff failed to establish a serious question to be tried as to breach or threatened breach of the confidentiality covenants in clauses 16, 18.1 and 18.3(a), because the evidence did not sufficiently connect the defendants' Global Ambition activities with use or disclosure of the plaintiff's confidential information and the defendants' evidence showed that relevant client, candidate and vacancy information was widely available from other sources. Although there was a serious question to be tried under clauses 18.2(a) and 18.2(b), the balance of convenience was clearly against interlocutory injunctive relief because the plaintiff had closed its Australian operation, there was delay,...

Court Disposition

Application for interlocutory injunctive relief refused except for delivery up relief against Mr Moultrie; defendants' undertaking noted and received.

Orders

  • ["Plaintiff's application for interlocutory injunctive relief to enforce the confidentiality covenants or clause 18.2 of the employment contract rejected." 'Order against Mr Moultrie in terms of paragraph 21 of the summons requiring surrender of electronic files made during the course of his employment and belonging...