Steadfast IRS Pty Limited v Latchmi Mesuria [2020] NSWSC 947

Steadfast IRS Pty Limited v Latchmi Mesuria [2020] NSWSC 947

The plaintiff did not repudiate the Employment Contract. The defendant requested or engineered and was happy with the Melbourne relocation; her contractual position description identified only Mr Pamute as reporting to her; the evidence did not establish that a larger team was removed from her by the restructure; and the changes in reporting lines, relocation and title, without change in remuneration or client work, were not substantially inconsistent with the plaintiff's contractual obligations. The non-solicitation restraint in cl 5.5.2(a), applied to clients and for the 12 month restraint period, was reasonable, valid and enforceable because the defendant was a highly experienced and...

Jurisdiction
Australia
Judgment Date
27 July 2020
Procedural Posture
Equity Expedition List; Employment Contract Restraint of Trade Proceedings / Principal Judgment
Outcome
Plaintiff succeeded; defendant's cross-claim dismissed; parties to be heard on proposed short minutes, costs and further progress.
Legal Topics
['termination of Employment Contract' 'repudiation' 'post Employment Restraint' 'non Solicitation Restraint' 'restraint of Trade' 'customer Connection' 'confidential Information']
['contract Law' 'employment and Industrial Law' 'equity'] ['termination of Employment Contract' 'repudiation' 'post Employment Restraint' 'non Solicitation Restraint' 'restraint of Trade' 'customer Connection' 'confidential Information']

Case Brief

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Procedural Posture

Equity Expedition List; Employment Contract Restraint of Trade Proceedings / Principal Judgment

Legal Issues

  1. 1 ["Whether the plaintiff's conduct amounted to repudiation of the employment contract." 'If repudiation was established, whether the plaintiff was prevented from enforcing the post-employment restraints.' 'If repudiation was not established, whether the non-solicitation restraint was unenforceable as an unreasonable restraint of trade or against public policy.' 'What period of restraint was reasonable and enforceable.']

Ratio Decidendi

The plaintiff did not repudiate the Employment Contract. The defendant requested or engineered and was happy with the Melbourne relocation; her contractual position description identified only Mr Pamute as reporting to her; the evidence did not establish that a larger team was removed from her by the restructure; and the changes in reporting lines, relocation and title, without change in remuneration or client work, were not substantially inconsistent with the plaintiff's contractual obligations. The non-solicitation restraint in cl 5.5.2(a), applied to clients and for the 12 month restraint period, was reasonable, valid and enforceable because the defendant was a highly experienced and...

Court Disposition

Plaintiff succeeded; defendant's cross-claim dismissed; parties to be heard on proposed short minutes, costs and further progress.

Orders

  • ['Find for the plaintiff.' "Dismiss the defendant's cross claim." 'Hear the parties on the terms of proposed short minutes, on costs and on the further progress of the matter.']