SULO MGB Australia Pty Limited v Harrison [2005] FCA 1871

SULO MGB Australia Pty Limited v Harrison [2005] FCA 1871

The applicant established a viable case for interim injunctive relief restraining the respondent from soliciting or enticing customers and divulging or using confidential information for a limited period, as the circumstances revealed apprehended breaches of obligations in a highly competitive field and damages would not be an adequate remedy. Procedural objections and issues about enforceability or explanation of the AWA are best resolved at a final hearing, not at the interlocutory stage.

Jurisdiction
Australia
Judgment Date
12 December 2005
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Judgment
Outcome
Interlocutory injunction granted
Legal Topics
['restraint of Trade' 'confidential Information' 'australian Workplace Agreements' 'interlocutory Injunctions']
['industrial Law' 'employment Law'] ['restraint of Trade' 'confidential Information' 'australian Workplace Agreements' 'interlocutory Injunctions']

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory Judgment

Legal Issues

  1. 1 ['Whether the respondent breached the restraint and confidentiality provisions of the Australian Workplace Agreement with the applicant' 'Whether the applicant is entitled to interlocutory injunctive relief restraining the respondent from soliciting customers and using confidential information']

Ratio Decidendi

The applicant established a viable case for interim injunctive relief restraining the respondent from soliciting or enticing customers and divulging or using confidential information for a limited period, as the circumstances revealed apprehended breaches of obligations in a highly competitive field and damages would not be an adequate remedy. Procedural objections and issues about enforceability or explanation of the AWA are best resolved at a final hearing, not at the interlocutory stage.

Court Disposition

Interlocutory injunction granted

Orders

  • ["The respondent is restrained up to and including 20 December 2005 from soliciting or enticing, or endeavouring to solicit or entice, the custom of any person who was a customer of the applicant during the respondent's employment, on his own account or for any other person, including Nylex Limited." 'The respondent...