Beaches & Bush Properties v Jennings [2003] NSWSC 798

Beaches & Bush Properties v Jennings [2003] NSWSC 798

Clause 3 of the agreement imposes a restraint that is not unreasonable in scope or duration for the protection of the plaintiff's legitimate interest in its client base, justifying enforcement by injunction.

Jurisdiction
Australia
Judgment Date
29 August 2003
Procedural Posture
Equity Restraint of Trade / Final Hearing on Application for Injunction
Outcome
Injunction granted
Legal Topics
['restraint of Trade' 'injunctions' 'reasonableness of Contractual Restraints']
['employment Law' 'contract Law' 'equity'] ['restraint of Trade' 'injunctions' 'reasonableness of Contractual Restraints']

Case Brief

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Procedural Posture

Equity Restraint of Trade / Final Hearing on Application for Injunction

Legal Issues

  1. 1 ['Whether clause 3 is a reasonable restraint of trade' "Whether the restraint is more than adequate protection for the employer's interests" 'Whether the restraint is reasonable in area and duration' 'Whether equity should enforce the restraint by injunction']

Ratio Decidendi

Clause 3 of the agreement imposes a restraint that is not unreasonable in scope or duration for the protection of the plaintiff's legitimate interest in its client base, justifying enforcement by injunction.

Court Disposition

Injunction granted

Orders

  • ['For a period of six months from 10 August 2003, the defendant is restrained, directly or indirectly, on his own behalf or on behalf of or within association with others, from carrying on, being employed in or being in any way involved in any activity or business of providing the services of a real estate agency...