Planet Fitness Pty Limited v Brooke Dunlop & Ors [2012] NSWSC 1425

Planet Fitness Pty Limited v Brooke Dunlop & Ors [2012] NSWSC 1425

Interlocutory injunctions to restrain further solicitation by the first defendant are justified, but broader restraints on employment or provision of services to former clients are refused due to practical enforcement difficulties and lack of clear contractual provision.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 November 2012
Procedural Posture
Interlocutory Application / Interlocutory Decision
Outcome
Interlocutory injunctions to restrain solicitation continued, broader relief refused, parties to file pleadings, costs orders made.
Legal Topics
['interlocutory Injunctions' 'breach of Contract' 'solicitation of Clients' 'restraint of Employment']
['equity' 'restraint of Trade'] ['interlocutory Injunctions' 'breach of Contract' 'solicitation of Clients' 'restraint of Employment']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Interlocutory Application / Interlocutory Decision

Legal Issues

  1. 1 ['Is the plaintiff entitled to interlocutory injunctive relief to enforce contractual restraint of trade?' 'Is the restraint clause enforceable against the first defendant for solicitation of former clients?' 'Should the second and third defendants be restrained from employing or contracting with the first defendant?']

Ratio Decidendi

Interlocutory injunctions to restrain further solicitation by the first defendant are justified, but broader restraints on employment or provision of services to former clients are refused due to practical enforcement difficulties and lack of clear contractual provision.

Court Disposition

Interlocutory injunctions to restrain solicitation continued, broader relief refused, parties to file pleadings, costs orders made.

Orders

  • ['Orders 3 and 4 made on 7 November 2012 continue until further order.' "Plaintiff's application for interlocutory relief otherwise dismissed." 'Plaintiff to file and serve statement of claim by 16 November 2012; defendants to file and serve defences and any cross-claim by 28 November 2012.' "Matter stood over to...