Hellmann Insurance Brokers v Peterson [2003] NSWSC 242

Hellmann Insurance Brokers v Peterson [2003] NSWSC 242

There is a serious question to be tried regarding the defendant's alleged solicitation of former clients and potential breach of restrictive covenants; the balance of convenience favours the grant of interlocutory injunctions to restrain solicitation and certain business engagement with former clients, but not to restrain use of client identities or insurance details outside of claims history.

Parties
First Plaintiff: Hellmann Insurance Brokers Pty Ltd; Second Plaintiff: Nadic Administration Pty Ltd; Defendant: Michael Peterson
Jurisdiction
Australia
Judgment Date
24 March 2003
Procedural Posture
Interlocutory Application / Application for Interlocutory Injunction
Outcome
Interlocutory injunction granted
Legal Topics
Restrictive Covenants, Injunction, Non Solicitation, Confidential Information
Employment Law Equity Restrictive Covenants Injunction Non Solicitation Confidential Information

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Parties

Hellmann Insurance Brokers Pty Ltd

First Plaintiff

Nadic Administration Pty Ltd

Second Plaintiff

Michael Peterson

Defendant

Procedural Posture

Interlocutory Application / Application for Interlocutory Injunction

Legal Issues

  1. 1 Whether the defendant breached post-employment restrictive covenants by soliciting clients and using confidential information.
  2. 2 Whether interlocutory injunctions should be granted to restrain post-employment conduct pending a final hearing.

Ratio Decidendi

There is a serious question to be tried regarding the defendant's alleged solicitation of former clients and potential breach of restrictive covenants; the balance of convenience favours the grant of interlocutory injunctions to restrain solicitation and certain business engagement with former clients, but not to restrain use of client identities or insurance details outside of claims history.

Court Disposition

Interlocutory injunction granted

Orders

  • Interlocutory injunction restraining the defendant from soliciting or dealing with former clients of the plaintiffs pending final hearing.
  • Interlocutory injunction restraining the defendant from making use of or disclosing clients' insurance claims history information.