BGC Partners (Australia) Pty Ltd v Lambert [2020] NSWSC 1688

BGC Partners (Australia) Pty Ltd v Lambert [2020] NSWSC 1688

The Court concluded that BGC had established a prima facie case that the contractual restraints were enforceable against Mr Lambert until 3 January 2021 to protect confidential information and customer connections, and that the balance of convenience favoured the grant of interlocutory injunctions restraining him from working with a competitor or soliciting/dealing with certain clients.

Jurisdiction
Australia
Judgment Date
24 November 2020
Procedural Posture
Application for Interlocutory Injunctions / Interlocutory (ex Tempore Decision)
Outcome
Interlocutory injunction granted
Legal Topics
['restraint of Trade' 'interlocutory Injunction' 'enforcement of Employment Contract' 'confidential Information' 'customer Connection']
['employment Law' 'contract Law' 'equity'] ['restraint of Trade' 'interlocutory Injunction' 'enforcement of Employment Contract' 'confidential Information' 'customer Connection']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Interlocutory Injunctions / Interlocutory (ex Tempore Decision)

Legal Issues

  1. 1 ['Whether the restraints in the employment contract are enforceable as reasonable restraints of trade' 'Whether the plaintiff has established a prima facie case for interlocutory relief to restrain the defendant from working with a competitor and contacting customers' 'Whether damages would be an adequate remedy for the plaintiff' 'Whether the balance of convenience favours the grant of an interlocutory injunction']

Ratio Decidendi

The Court concluded that BGC had established a prima facie case that the contractual restraints were enforceable against Mr Lambert until 3 January 2021 to protect confidential information and customer connections, and that the balance of convenience favoured the grant of interlocutory injunctions restraining him from working with a competitor or soliciting/dealing with certain clients.

Court Disposition

Interlocutory injunction granted

Orders

  • ['Pending further order and upon the usual undertaking as to damages, Mr Lambert is restrained until 3 January 2021 from directly or indirectly soliciting or enticing away from BGC: (a) Australian Pacific Mortgage Fund Limited (APMF); and (b) any client or counterparty of BGC with whom he had material and/or regular...