CGI Glass Lewis Pty Ltd v Vasey [2019] NSWSC 794

CGI Glass Lewis Pty Ltd v Vasey [2019] NSWSC 794

Given the reasonable arguability of plaintiff’s claim and the balance of convenience, including the risk to confidential information and absence of serious disadvantage to Mr Vasey, a short-term continuation of the interlocutory injunction is justified pending further evidence and contested hearing.

Jurisdiction
Australia
Judgment Date
27 June 2019
Procedural Posture
Interlocutory Application / Application for Short Term Extension of Interlocutory Injunction
Outcome
Interlocutory injunction continued on short-term basis
Legal Topics
['interlocutory Injunctions' 'post Employment Restraints' 'enforceability of Restraint of Trade Clauses' 'confidential Information']
['civil Procedure' 'employment Law' 'equity'] ['interlocutory Injunctions' 'post Employment Restraints' 'enforceability of Restraint of Trade Clauses' 'confidential Information']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Short Term Extension of Interlocutory Injunction

Legal Issues

  1. 1 ['Whether short-term extension of interlocutory injunction should be granted' 'Whether clause 15 restraint in employment contract is void for uncertainty' 'Whether plaintiff has established a prima facie case for interlocutory relief' 'Balance of convenience as between parties']

Ratio Decidendi

Given the reasonable arguability of plaintiff’s claim and the balance of convenience, including the risk to confidential information and absence of serious disadvantage to Mr Vasey, a short-term continuation of the interlocutory injunction is justified pending further evidence and contested hearing.

Court Disposition

Interlocutory injunction continued on short-term basis

Orders

  • ["Order 4 of 21 June 2019 continued up to 5pm on Thursday 4 July 2019, subject to plaintiff's undertaking as to damages." 'Plaintiff to file and serve evidence in reply by 28 June 2019.' 'Parties to serve written submissions by 2 July 2019.' 'Proceedings stood over to 4 July 2019 at 10am for determination of claim...