SGP Insurance Brokers v Marisa Rockett [2006] NSWSC 117

SGP Insurance Brokers v Marisa Rockett [2006] NSWSC 117

There is a seriously arguable case that Ms Rockett solicited SGP clients in breach of the post-employment restraint and retained confidential information contrary to her obligations; the restraint sought is reasonable in its application, and damages would not be an adequate remedy. An interlocutory injunction is justified.

Jurisdiction
Australia
Judgment Date
07 February 2006
Procedural Posture
Interlocutory Injunction Application / Decision on Interlocutory Relief
Outcome
Interlocutory orders made in favour of the plaintiff; injunction granted against first defendant.
Legal Topics
['restraint of Trade' 'confidential Information' 'interlocutory Injunction' 'employment Covenants']
['equity' 'employment Law'] ['restraint of Trade' 'confidential Information' 'interlocutory Injunction' 'employment Covenants']

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Procedural Posture

Interlocutory Injunction Application / Decision on Interlocutory Relief

Legal Issues

  1. 1 ['Whether Ms Rockett solicited clients in breach of a restraint of trade clause' 'Whether Ms Rockett possessed confidential information in breach of employment agreement' 'Whether the restraint of trade is reasonable and enforceable' 'Whether damages would be a sufficient remedy']

Ratio Decidendi

There is a seriously arguable case that Ms Rockett solicited SGP clients in breach of the post-employment restraint and retained confidential information contrary to her obligations; the restraint sought is reasonable in its application, and damages would not be an adequate remedy. An interlocutory injunction is justified.

Court Disposition

Interlocutory orders made in favour of the plaintiff; injunction granted against first defendant.

Orders

  • ['First defendant restrained from soliciting or endeavouring to solicit away from the plaintiff any client of the plaintiff identified in the Bowral client list referred to in paragraph 14 of the affidavit of Anthony Paul Murphy, sworn 1 February 2006, and exhibited at pages 21 - 29 of exhibit APM thereto, until...