Devine Real Estate Concord Pty Ltd v Agha (No 2) [2018] NSWSC 564

Devine Real Estate Concord Pty Ltd v Agha (No 2) [2018] NSWSC 564

Interlocutory orders for restraints against former employees must reflect the specificity of contractual, statutory, and equitable duties; courts will not simply replicate statutory or broad equitable language in orders but may restrain use of specifically identified confidential information. Confidentiality orders regarding evidence can be granted against litigants and their legal representatives even if not sought at the time of tender, but general suppression against the public requires statutory criteria to be met.

Parties
First Plaintiff: Devine Real Estate Concord Pty Limited; Second Plaintiff: Devine Real Estate Drummoyne Pty Ltd; Third Plaintiff: Steven James Devine; Fourth Plaintiff: EMC Just Holdings Pty Ltd; First Defendant: Wajih Agha (aka Roger Agha); Second Defendant: Lewis Coombe
Jurisdiction
Australia
Judgment Date
19 April 2018
Procedural Posture
Equity Consequential Interlocutory Orders / Post Interlocutory Relief; Finalisation of Short Minutes and Form of Interlocutory Orders
Outcome
Orders made in revised form reflecting court's clarifications; specific interlocutory restraints imposed; orders refused in broad statutory and equitable terms as proposed.
Legal Topics
Interlocutory Relief, Contractual Restraints, Statutory Confidentiality Obligations, Equitable Obligations of Confidence, Confidential Information, Suppression and Non Publication Orders
Civil Procedure Equity Employment Law Commercial Law Interlocutory Relief Contractual Restraints Statutory Confidentiality Obligations Equitable Obligations of Confidence +2 more

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Parties

Devine Real Estate Concord Pty Limited

First Plaintiff

Devine Real Estate Drummoyne Pty Ltd

Second Plaintiff

Steven James Devine

Third Plaintiff

EMC Just Holdings Pty Ltd

Fourth Plaintiff

Wajih Agha (aka Roger Agha)

First Defendant

Lewis Coombe

Second Defendant

Procedural Posture

Equity Consequential Interlocutory Orders / Post Interlocutory Relief; Finalisation of Short Minutes and Form of Interlocutory Orders

Legal Issues

  1. 1 Whether proposed interlocutory orders correctly reflect contractual, statutory, and equitable restraints owed by defendants to plaintiffs
  2. 2 Whether form of orders adopting statutory or equitable language is impermissibly broad or imprecise
  3. 3 Whether orders should be made restricting use of plaintiffs' confidential information after evidence was tended without confidentiality orders at the time

Ratio Decidendi

Interlocutory orders for restraints against former employees must reflect the specificity of contractual, statutory, and equitable duties; courts will not simply replicate statutory or broad equitable language in orders but may restrain use of specifically identified confidential information. Confidentiality orders regarding evidence can be granted against litigants and their legal representatives even if not sought at the time of tender, but general suppression against the public requires statutory criteria to be met.

Court Disposition

Orders made in revised form reflecting court's clarifications; specific interlocutory restraints imposed; orders refused in broad statutory and equitable terms as proposed.

Orders

  • Interlocutory restraints imposed on first and second defendants reflecting contractual, statutory, and equitable obligations as specified by the court.
  • Orders made restraining use and disclosure of specific confidential information, including client lists, with capacity for consent from plaintiffs where appropriate.