Metcash Limited & Anor v Jardim (aka Lou Jardin) & Anor [2010] NSWSC 936

Metcash Limited & Anor v Jardim (aka Lou Jardin) & Anor [2010] NSWSC 936

There is a serious question that Jardim Investments may be acting as agent for Mr Jardim and that the restraint in clause 3.2(d) may be valid and enforceable. The balance of convenience favours granting the injunction since unwinding the transaction would be difficult, and a final hearing is imminent.

Jurisdiction
Australia
Judgment Date
31 August 2010
Procedural Posture
Interlocutory Application / Application for Interlocutory Injunction
Outcome
Interlocutory injunction granted.
Legal Topics
['restraints of Trade' 'interlocutory Injunctions' 'employment Contract' 'agency']
['equity' 'employment Law'] ['restraints of Trade' 'interlocutory Injunctions' 'employment Contract' 'agency']

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Procedural Posture

Interlocutory Application / Application for Interlocutory Injunction

Legal Issues

  1. 1 ['Whether employment deed was validly terminated by Mr Jardim' 'Whether clause 3.2(d) is enforceable or an unreasonable restraint of trade' 'Whether injunction can be granted against Jardim Investments which is not party to employment deed']

Ratio Decidendi

There is a serious question that Jardim Investments may be acting as agent for Mr Jardim and that the restraint in clause 3.2(d) may be valid and enforceable. The balance of convenience favours granting the injunction since unwinding the transaction would be difficult, and a final hearing is imminent.

Court Disposition

Interlocutory injunction granted.

Orders

  • ['Jardim Investments Pty Limited restrained until 4 pm on 15 September 2010 from acquiring more than 5 per cent of issued investments in SPAR Australia Limited or any associated entity.' "Liberty to apply on 2 days' notice." 'Costs reserved.' 'Leave to the parties to take orders out forthwith.']