IceTV v Duncan Ross & Ors [2007] NSWSC 635

IceTV v Duncan Ross & Ors [2007] NSWSC 635

It is seriously arguable that the defendants breached valid post-employment restraints by engaging in consultancy for Mobilesoft in media content provision, a business competitively similar to IceTV's; they solicited Mobilesoft, a potential customer, and risked misuse of confidential information. Restraints are reasonable and supported by legitimate interests, and the balance of convenience, while slight, favours the grant of interlocutory injunction.

Jurisdiction
Australia
Judgment Date
03 July 2007
Procedural Posture
Interlocutory Injunction / Interlocutory Determination
Outcome
interlocutory injunction granted
Legal Topics
['employer and Employee Restraints' 'confidential Information' 'interlocutory Injunctions' 'reasonableness of Restraint' 'customer Connection' 'balance of Convenience' 'validity of Restraint']
['restraint of Trade' 'employment Law' 'equity'] ['employer and Employee Restraints' 'confidential Information' 'interlocutory Injunctions' 'reasonableness of Restraint' 'customer Connection' 'balance of Convenience' 'validity of Restraint']

Case Brief

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Procedural Posture

Interlocutory Injunction / Interlocutory Determination

Legal Issues

  1. 1 ['Proper construction of post-employment restraints' 'Whether there is reasonable apprehension of breach of restraint clauses' 'Validity and reasonableness of restraints imposed by employer' 'Discretionary factors against granting injunction' 'Balance of convenience in interlocutory relief']

Ratio Decidendi

It is seriously arguable that the defendants breached valid post-employment restraints by engaging in consultancy for Mobilesoft in media content provision, a business competitively similar to IceTV's; they solicited Mobilesoft, a potential customer, and risked misuse of confidential information. Restraints are reasonable and supported by legitimate interests, and the balance of convenience, while slight, favours the grant of interlocutory injunction.

Court Disposition

interlocutory injunction granted

Orders

  • ['Until hearing or further order and until 4 October 2007, defendants restrained from engaging in any business similar to or competitive with the business of IceTV carried on during the twelve month period prior to 4 October 2006, including media content provision.' 'Until 4 October 2007, defendants restrained from...