Helensburgh Property Management Pty Ltd v Brady [2015] NSWSC 1861

Helensburgh Property Management Pty Ltd v Brady [2015] NSWSC 1861

Rectification is granted to replace clause 18 of the 2012 Employment Agreement with clause 18 of the 2010 Agreement, imposing a post-employment restraint of 6 months and 15 kilometres from Helensburgh office. Defendant breached the employment agreement by poaching clients and misusing confidential information both during and after her employment. Matter to proceed to hearing on damages.

Jurisdiction
Australia
Judgment Date
09 December 2015
Procedural Posture
Equity / Post Liability Hearing, Orders on Rectification and Breach; Matter Listed for Hearing on Damages
Outcome
Plaintiff's claim for rectification and breach of contract established. 2012 Agreement rectified. Liability established against defendant. Matter listed for hearing on damages.
Legal Topics
['restraint of Trade' 'confidential Information' 'rectification' 'breach of Employment Contract']
['contract' 'employment'] ['restraint of Trade' 'confidential Information' 'rectification' 'breach of Employment Contract']

Case Brief

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Procedural Posture

Equity / Post Liability Hearing, Orders on Rectification and Breach; Matter Listed for Hearing on Damages

Legal Issues

  1. 1 ['Whether defendant breached obligations regarding confidential information' 'Whether defendant breached restraint of trade provisions' 'Whether agreement should be rectified to restore prior post-employment restraint']

Ratio Decidendi

Rectification is granted to replace clause 18 of the 2012 Employment Agreement with clause 18 of the 2010 Agreement, imposing a post-employment restraint of 6 months and 15 kilometres from Helensburgh office. Defendant breached the employment agreement by poaching clients and misusing confidential information both during and after her employment. Matter to proceed to hearing on damages.

Court Disposition

Plaintiff's claim for rectification and breach of contract established. 2012 Agreement rectified. Liability established against defendant. Matter listed for hearing on damages.

Orders

  • ['2012 Employment Agreement rectified: clause 18 deleted and replaced with clause 18 from 2010 Agreement (6 months, 15km restraint from Helensburgh)' 'Defendant restrained from soliciting or accepting instructions from specified clients for period to be revisited at time of hearing on damages' 'Other orders for...