Iseek Communications Pty Ltd v Jones [2017] NSWSC 251

Iseek Communications Pty Ltd v Jones [2017] NSWSC 251

The applicant failed to establish strong grounds for interlocutory relief. Undertakings offered by Mr Jones and Anticlockwise were sufficient to protect Iseek's interests, the strength of Iseek's final case was weak, the alleged confidential information was not shown to be misused, and the balance of convenience, including potential hardship and short period of the restraint, favoured the defendants. The plaintiff's application for interlocutory relief was dismissed, except insofar as undertakings were accepted by the Court.

Jurisdiction
Australia
Judgment Date
17 March 2017
Procedural Posture
Interlocutory Application / Interlocutory Application; Orders on Interlocutory Relief
Outcome
Undertakings accepted by the Court; plaintiff's claim for interlocutory relief otherwise dismissed; plaintiff to pay defendants' costs of the application for interlocutory relief.
Legal Topics
['interlocutory Injunction' 'restraint of Trade' 'confidential Information' 'post Employment Restraints']
['equity' 'employment Law'] ['interlocutory Injunction' 'restraint of Trade' 'confidential Information' 'post Employment Restraints']

Case Brief

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Procedural Posture

Interlocutory Application / Interlocutory Application; Orders on Interlocutory Relief

Legal Issues

  1. 1 ['Whether interlocutory injunction should be granted against a former employee and his new employer to enforce post-employment restraint and prevent use of confidential information' 'Proper construction and enforceability of restraint and confidentiality clauses in employment and tri-partite consent agreements' 'Whether balance of convenience favours granting interlocutory relief']

Ratio Decidendi

The applicant failed to establish strong grounds for interlocutory relief. Undertakings offered by Mr Jones and Anticlockwise were sufficient to protect Iseek's interests, the strength of Iseek's final case was weak, the alleged confidential information was not shown to be misused, and the balance of convenience, including potential hardship and short period of the restraint, favoured the defendants. The plaintiff's application for interlocutory relief was dismissed, except insofar as undertakings were accepted by the Court.

Court Disposition

Undertakings accepted by the Court; plaintiff's claim for interlocutory relief otherwise dismissed; plaintiff to pay defendants' costs of the application for interlocutory relief.

Orders

  • ['Undertakings of first and second defendant (as set out in the judgment and schedule) noted and accepted by the Court' "Plaintiff's claim for interlocutory relief otherwise dismissed" 'Plaintiff to pay the costs of the first and second defendants of the application for interlocutory relief made in the Amended...