Kellyville Properties v Asovale [2014] NSWSC 18

Kellyville Properties v Asovale [2014] NSWSC 18

The plaintiff failed to identify with specificity or prove the allegedly confidential rent roll or reasons for confidentiality, and failed to prove that the defendant made notes or lists, committed information to memory for misuse, or otherwise misused confidential information. In the absence of a written contract or restraint of trade, and where the defendant could deal with former customers who approached her, the basis for interlocutory injunctive relief was not made out. The manifest deficiencies in the plaintiff's case, together with the defendant's pre-proceedings letter putting the plaintiff on notice, justified indemnity costs.

Jurisdiction
Australia
Judgment Date
24 January 2014
Procedural Posture
Interlocutory Application for Injunctive Relief to Restrain Alleged Misuse of Confidential Information / Summons Dismissed
Outcome
Summons dismissed with costs. Costs to be assessed on indemnity basis.
Legal Topics
['interlocutory Injunctions' 'confidential Information' 'employer and Employee' "solicitation of Former Employer's Customers" 'indemnity Costs']
['procedure' 'employment Law' 'equity'] ['interlocutory Injunctions' 'confidential Information' 'employer and Employee' "solicitation of Former Employer's Customers" 'indemnity Costs']

Case Brief

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Procedural Posture

Interlocutory Application for Injunctive Relief to Restrain Alleged Misuse of Confidential Information / Summons Dismissed

Legal Issues

  1. 1 ['Whether interlocutory injunctive relief should be granted to restrain alleged misuse of confidential information in a rent roll.' 'Whether the plaintiff identified and proved confidential information and misuse by the defendant.' 'Whether an employee, after termination and absent an enforceable restraint of trade, may solicit or deal with customers of a former employer.' 'Whether costs should be ordered on an indemnity basis.']

Ratio Decidendi

The plaintiff failed to identify with specificity or prove the allegedly confidential rent roll or reasons for confidentiality, and failed to prove that the defendant made notes or lists, committed information to memory for misuse, or otherwise misused confidential information. In the absence of a written contract or restraint of trade, and where the defendant could deal with former customers who approached her, the basis for interlocutory injunctive relief was not made out. The manifest deficiencies in the plaintiff's case, together with the defendant's pre-proceedings letter putting the plaintiff on notice, justified indemnity costs.

Court Disposition

Summons dismissed with costs. Costs to be assessed on indemnity basis.

Orders

  • ['Order that the summons filed in court on 23 January 2014 be dismissed;' "Order the plaintiff to pay the defendant's costs;" 'Order that those costs be assessed on the indemnity basis.']