Aland Care Pty Ltd v Pollard [2023] NSWSC 1466

Aland Care Pty Ltd v Pollard [2023] NSWSC 1466

There are serious questions to be tried as to whether the defendant breached his employment contract and contravened s 18 of the Australian Consumer Law, and the balance of convenience favours granting interlocutory relief restraining dissemination of the letter and related conduct. The defendant’s disclosures to lot owners are not protected as whistleblowing under the Corporations Act. Suppression relating to sensitive agreements is appropriate for evidence management but no ongoing suppressive order under the Act is warranted.

Jurisdiction
Australia
Judgment Date
30 November 2023
Procedural Posture
Interlocutory Application / Interlocutory (injunction Sought Prior to Final Hearing)
Outcome
Interlocutory injunction granted with specified restraints; suppression directions made regarding confidential exhibit; costs in the cause.
Legal Topics
['interlocutory Injunctions' 'employment Contracts' 'confidential Information' 'misleading or Deceptive Conduct' 'suppression and Non Publication Orders' 'whistleblower Protection' 'tort of Injurious Falsehood']
['equity' 'civil Procedure'] ['interlocutory Injunctions' 'employment Contracts' 'confidential Information' 'misleading or Deceptive Conduct' 'suppression and Non Publication Orders' 'whistleblower Protection' 'tort of Injurious Falsehood']

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Procedural Posture

Interlocutory Application / Interlocutory (injunction Sought Prior to Final Hearing)

Legal Issues

  1. 1 ['Whether the Court should issue a further interlocutory injunction restraining the defendant from disseminating or distributing the disparaging letter or related information and from inducing clients to terminate contracts with the plaintiff until final hearing or further order' 'Whether a suppression or non-publication order should be made prohibiting disclosure of certain confidential business agreements' 'Whether the defendant is protected as a whistleblower under Pt 9.4AAA of the Corporations Act 2001 (Cth)']

Ratio Decidendi

There are serious questions to be tried as to whether the defendant breached his employment contract and contravened s 18 of the Australian Consumer Law, and the balance of convenience favours granting interlocutory relief restraining dissemination of the letter and related conduct. The defendant’s disclosures to lot owners are not protected as whistleblowing under the Corporations Act. Suppression relating to sensitive agreements is appropriate for evidence management but no ongoing suppressive order under the Act is warranted.

Court Disposition

Interlocutory injunction granted with specified restraints; suppression directions made regarding confidential exhibit; costs in the cause.

Orders

  • ['Defendant restrained from disseminating or distributing the letter or communications with substantially the same allegations; from disclosing information from the letter concerning the plaintiff’s service arrangements; and from inducing clients to terminate or not renew contracts.' 'Defendant ordered to destroy...