National Surgical Pty Ltd v McPhee [2010] FCA 972

National Surgical Pty Ltd v McPhee [2010] FCA 972

The applicant did not demonstrate a sufficient likelihood that confidential information was retained by Mr McPhee or that further interlocutory relief restraining employment was warranted; existing consent order adequately protects applicant's interests, and balance of convenience favours the respondent.

Parties
Applicant: National Surgical Pty Ltd (ACN 078 902 217); Respondent: Robert Bruce McPhee
Jurisdiction
Australia
Judgment Date
03 September 2010
Procedural Posture
Interlocutory Application / Determination of Interlocutory Relief
Outcome
Interlocutory application for restraint order dismissed.
Legal Topics
Interlocutory Injunctions, Duty of Confidentiality, Springboard Principle, Restraint of Trade
Practice and Procedure Employment Law Equity Interlocutory Injunctions Duty of Confidentiality Springboard Principle Restraint of Trade

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Parties

National Surgical Pty Ltd (ACN 078 902 217)

Applicant

Robert Bruce McPhee

Respondent

Procedural Posture

Interlocutory Application / Determination of Interlocutory Relief

Legal Issues

  1. 1 Whether further interlocutory relief restraining the respondent from working for a competitor is necessary to protect the applicant’s interests
  2. 2 Whether the consent order restraining use/disclosure of confidential information is sufficient
  3. 3 Application of 'springboard' principle in restraining employment of former employee

Ratio Decidendi

The applicant did not demonstrate a sufficient likelihood that confidential information was retained by Mr McPhee or that further interlocutory relief restraining employment was warranted; existing consent order adequately protects applicant's interests, and balance of convenience favours the respondent.

Court Disposition

Interlocutory application for restraint order dismissed.

Orders

  • Applicant’s claim for relief in paragraph B 3 and B 4 of the application filed 12 August 2010 dismissed.
  • No order as to costs pending opportunity for respondent to be heard.