Saltec Pty Ltd v Mark Donnelly [2015] NSWSC 1496

Saltec Pty Ltd v Mark Donnelly [2015] NSWSC 1496

The evidence does not disclose conduct by the defendant sufficient to justify the grant of an interim injunction; the case is not sufficiently serious, considering the balance of convenience, to warrant interim relief.

Parties
Plaintiff: Saltec Pty Ltd; Defendant: Mark Donnelly
Jurisdiction
Australia
Judgment Date
30 June 2015
Procedural Posture
Application for Interim Injunction / Interim Hearing
Outcome
Application for interim relief declined.
Legal Topics
Injunctions, Restraint of Trade, Equitable Remedies
Equity Injunctions Restraint of Trade Equitable Remedies

Case Brief

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Parties

Saltec Pty Ltd

Plaintiff

Mark Donnelly

Defendant

Procedural Posture

Application for Interim Injunction / Interim Hearing

Legal Issues

  1. 1 Whether evidence discloses breach of contractual restraint of trade
  2. 2 Whether adverse inference should be drawn from refusal to give undertaking as to compliance with contractual restraint

Ratio Decidendi

The evidence does not disclose conduct by the defendant sufficient to justify the grant of an interim injunction; the case is not sufficiently serious, considering the balance of convenience, to warrant interim relief.

Court Disposition

Application for interim relief declined.

Orders

  • The defendant serve any affidavit evidence upon which he proposes to rely on the interlocutory application by 7 July 2015.
  • The plaintiff serve any affidavit evidence in reply by 14 July 2015.