Genesys Wealth Advisers Ltd v Miles (No 2) [2008] NSWSC 842

Genesys Wealth Advisers Ltd v Miles (No 2) [2008] NSWSC 842

It is appropriate for the Court to grant orders restraining further breach of the relevant post-employment covenants in the terms of the covenant, subject to reintroducing any original limitations present in the contract, as specificity may not be necessary and the purpose of such an order is to enforce the parties' contractual rights with the potential for penal consequences in case of further breach.

Parties
Plaintiff: Genesys Wealth Advisers Ltd; Defendant: Raymond John Miles
Jurisdiction
Australia
Judgment Date
12 August 2008
Procedural Posture
Application for Injunction / Consequential Orders Following Judgment
Outcome
Orders as sought by Plaintiff, with some adjustments.
Legal Topics
Injunction, Restraint of Trade, Breach of Covenant, Practice and Procedure
Equity Injunction Restraint of Trade Breach of Covenant Practice and Procedure

Case Brief

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Parties

Genesys Wealth Advisers Ltd

Plaintiff

Raymond John Miles

Defendant

Procedural Posture

Application for Injunction / Consequential Orders Following Judgment

Legal Issues

  1. 1 Whether an injunction should be granted in the terms of the restrictive covenant
  2. 2 Appropriate scope of injunction enforcing post-employment restraint

Ratio Decidendi

It is appropriate for the Court to grant orders restraining further breach of the relevant post-employment covenants in the terms of the covenant, subject to reintroducing any original limitations present in the contract, as specificity may not be necessary and the purpose of such an order is to enforce the parties' contractual rights with the potential for penal consequences in case of further breach.

Court Disposition

Orders as sought by Plaintiff, with some adjustments.

Orders

  • Order made in terms of paragraph 1(a)(i) of the Short Minutes of Order.
  • Order made in terms of paragraph 1(a)(ii) of the Short Minutes, with addition of omitted words from the covenant.