Logan & Ors v WorldAudio Ltd & Ors [2003] NSWIRComm 87

Logan & Ors v WorldAudio Ltd & Ors [2003] NSWIRComm 87

It would be inappropriate to grant interlocutory relief amounting to specific performance of a consultancy agreement involving personal services where there is evidence of personal acrimony and disputed obligations between the parties; such orders are rarely made except in exceptional cases and damages are likely an adequate remedy.

Parties
First Applicant: Graeme Logan; Second Applicant: Logan Corporation Pty Ltd; Third Applicant: Perabo Investment Corporation Pty Ltd; First Respondent: WorldAudio Limited; Second Respondent: Andrew Peter Thompson; Third Respondent: Link Traders (Aust) Pty Ltd; Fourth Respondent: Everest Capital Limited; Fifth Respondent: Grosvenor Pirie Management Ltd; Sixth Respondent: Zycare Trading Ltd
Jurisdiction
Australia
Judgment Date
10 April 2003
Procedural Posture
Interlocutory Application / Interlocutory Judgment
Outcome
Interlocutory orders restraining termination of the consultancy agreement refused; costs reserved.
Legal Topics
Unfair Contract, Specific Performance, Injunction, Consultancy Agreement, Personal Services Contracts
Industrial Relations Contract Law Unfair Contract Specific Performance Injunction Consultancy Agreement Personal Services Contracts

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Parties

Graeme Logan

First Applicant

Logan Corporation Pty Ltd

Second Applicant

Perabo Investment Corporation Pty Ltd

Third Applicant

WorldAudio Limited

First Respondent

Andrew Peter Thompson

Second Respondent

Link Traders (Aust) Pty Ltd

Third Respondent

Everest Capital Limited

Fourth Respondent

Grosvenor Pirie Management Ltd

Fifth Respondent

Zycare Trading Ltd

Sixth Respondent

Procedural Posture

Interlocutory Application / Interlocutory Judgment

Legal Issues

  1. 1 Whether interlocutory orders restraining the termination of a consultancy agreement should be granted
  2. 2 Whether specific performance of a contract for personal services can be ordered in these circumstances

Ratio Decidendi

It would be inappropriate to grant interlocutory relief amounting to specific performance of a consultancy agreement involving personal services where there is evidence of personal acrimony and disputed obligations between the parties; such orders are rarely made except in exceptional cases and damages are likely an adequate remedy.

Court Disposition

Interlocutory orders restraining termination of the consultancy agreement refused; costs reserved.

Orders

  • That part of the notice of motion directed to orders Nos 1 and 2 is dismissed.
  • Costs are reserved.