Tradition Australia Pty Ltd v Gunson [2006] NSWSC 298

Tradition Australia Pty Ltd v Gunson [2006] NSWSC 298

There is no serious question to be tried on the issue of whether specific performance is available against employees in these circumstances, given the breakdown of trust and confidence, adequacy of damages as a remedy, and the supervisory difficulties such an order would entail; thus, interlocutory injunction is refused.

Parties
First Plaintiff: Tradition Australia Pty Limited; Second Plaintiff: TFS Australia Pty Limited; First Defendant: Deane Gunson; Second Defendant: David Joffick; Third Defendant: Anthony Hickey; Fourth Defendant: BGC Partners (Australia) Pty Limited
Jurisdiction
Australia
Judgment Date
13 April 2006
Procedural Posture
Application for Interlocutory Injunction / Interlocutory
Outcome
Interlocutory injunction refused
Legal Topics
Specific Performance, Employment Contract, Interlocutory Injunction, Adequacy of Damages, Balance of Convenience
Equity Employment Law Specific Performance Employment Contract Interlocutory Injunction Adequacy of Damages Balance of Convenience

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Parties

Tradition Australia Pty Limited

First Plaintiff

TFS Australia Pty Limited

Second Plaintiff

Deane Gunson

First Defendant

David Joffick

Second Defendant

Anthony Hickey

Third Defendant

BGC Partners (Australia) Pty Limited

Fourth Defendant

Procedural Posture

Application for Interlocutory Injunction / Interlocutory

Legal Issues

  1. 1 Whether there is a serious question to be tried as to the employer's right to specific performance against employees in respect of their employment contracts
  2. 2 Whether interlocutory injunction should be granted to restrain employees from working for a competitor pending trial
  3. 3 Adequacy of damages as a remedy for alleged breach of contract

Ratio Decidendi

There is no serious question to be tried on the issue of whether specific performance is available against employees in these circumstances, given the breakdown of trust and confidence, adequacy of damages as a remedy, and the supervisory difficulties such an order would entail; thus, interlocutory injunction is refused.

Court Disposition

Interlocutory injunction refused

Orders

  • The defendants' costs of the application for the interlocutory injunction will be paid by the plaintiff.
  • Orders as per short minutes initialled and dated by the court.