Georges Apparel Pty Ltd v Giardina [2017] NSWSC 290

Georges Apparel Pty Ltd v Giardina [2017] NSWSC 290

The court found that appropriate protection for the plaintiff can be obtained by enforcing the post-employment obligations agreement and permitting imaging and analysis of the first defendant's devices, without imposing a broader non-compete restraint that would cause undue hardship to the defendant and her family.

Parties
Plaintiff: Georges Apparel Pty Ltd; First Defendant: Claudia Giardina; Second Defendant: Elvina Agostino; Third Defendant: Moorebank Uniforms & Embroidery Pty Ltd; Fourth Defendant: E&C School Uniforms Pty Ltd
Jurisdiction
Australia
Judgment Date
21 March 2017
Procedural Posture
Equity / Application for Interlocutory Injunction
Outcome
Plaintiff entitled to some but not all of the relief sought; parties to bring in draft orders
Legal Topics
Interlocutory Injunction, Confidential Information, Restraint of Trade, Balance of Convenience
Restraint of Trade Employment Law Equity Interlocutory Injunction Confidential Information Balance of Convenience

Case Brief

Summary, issues, holding and outcome

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Parties

Georges Apparel Pty Ltd

Plaintiff

Claudia Giardina

First Defendant

Elvina Agostino

Second Defendant

Moorebank Uniforms & Embroidery Pty Ltd

Third Defendant

E&C School Uniforms Pty Ltd

Fourth Defendant

Procedural Posture

Equity / Application for Interlocutory Injunction

Legal Issues

  1. 1 Whether interlocutory injunction should be granted to restrain the first defendant from competing with the plaintiff
  2. 2 Whether the first defendant misused or retained confidential information of the plaintiff
  3. 3 Whether delivery up and imaging of electronic devices provides adequate protection of confidential information without a broader non-compete restraint

Ratio Decidendi

The court found that appropriate protection for the plaintiff can be obtained by enforcing the post-employment obligations agreement and permitting imaging and analysis of the first defendant's devices, without imposing a broader non-compete restraint that would cause undue hardship to the defendant and her family.

Court Disposition

Plaintiff entitled to some but not all of the relief sought; parties to bring in draft orders

Orders

  • Orders will be made in accordance with draft orders discussed with counsel and provided by the plaintiff, focusing on the post-employment obligations agreement and expeditious imaging and return of electronic devices.