Allied Express Transport Pty Ltd v Braim

Allied Express Transport Pty Ltd initiated proceedings against two former employees, Braim and another, seeking an injunction to restrain the defendants from engaging in activities that would breach contractual and equitable restraints of trade, as well as an obligation of confidence. The dispute involved the defendants' conduct in Victoria, despite the employment contract being governed by the law of New South Wales. The court had to determine whether the plaintiff had established a breach of the contractual and equitable obligations of restraint of trade and confidence.

The court examined whether the plaintiff had demonstrated that the defendants breached the contractual restraints of trade and the obligation of confidence. In terms of the contractual restraint, the court held that the plaintiff failed to prove an actual or apprehended breach. The court also considered whether the plaintiff had proved that the defendants breached the obligation of confidence, but found that the plaintiff could not demonstrate that confidential information was imparted to the employee during the course of employment, nor could the plaintiff show that the information was actually or apprehensively disclosed.

The court concluded that the plaintiff had not established any breach of the contractual or equitable obligations of restraint of trade or confidence. Therefore, the plaintiff's application for an injunction was dismissed. The court found that the plaintiff had not demonstrated any actual or apprehended breach of the contractual or equitable restraints, and that the plaintiff had not provided sufficient evidence to support the existence of confidential information imparted to the employee during the course of employment. As a result, the court dismissed the plaintiff's claims in their entirety.