Red Bull Australia Pty Ltd v Stacey [2011] NSWSC 1212

Red Bull Australia Pty Ltd v Stacey [2011] NSWSC 1212

The plaintiff has established a seriously arguable case for breach of enforceable restraint clauses and the balance of convenience, taking into account the seniority of defendants, scope and period of restraint, and undertakings offered, favours granting interlocutory relief restraining the defendants from working with Calidris Australia until the expiry or determination of the restraint period.

Jurisdiction
Australia
Judgment Date
23 September 2011
Procedural Posture
Interlocutory Application / Interlocutory Relief (ex Tempore Judgment)
Outcome
Relief granted (interlocutory order in favour of plaintiff)
Legal Topics
['interlocutory Relief' 'restraint of Trade' 'breach of Employment Contract']
['employment Law' 'equity' 'restraint of Trade'] ['interlocutory Relief' 'restraint of Trade' 'breach of Employment Contract']

Case Brief

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Procedural Posture

Interlocutory Application / Interlocutory Relief (ex Tempore Judgment)

Legal Issues

  1. 1 ['Whether there is a serious question to be tried as to whether defendants breached restraint clause in employment contracts' 'Whether Deeds of Release superseded the restraint clauses' 'Effectiveness and scope of restraint of trade clauses' 'Whether the balance of convenience favours granting interlocutory relief']

Ratio Decidendi

The plaintiff has established a seriously arguable case for breach of enforceable restraint clauses and the balance of convenience, taking into account the seniority of defendants, scope and period of restraint, and undertakings offered, favours granting interlocutory relief restraining the defendants from working with Calidris Australia until the expiry or determination of the restraint period.

Court Disposition

Relief granted (interlocutory order in favour of plaintiff)

Orders

  • ['Defendants restrained from working with Calidris Australia and required to resign as directors until determination or expiry of relevant restraint periods.' 'Plaintiff has given usual undertaking as to damages.']