SUPREME COURT OF QUEENSLAND
CITATION:
Auto Parts Group Pty Ltd v Cooper & Ors [2015] QSC 155
PARTIES:
AUTO PARTS GROUP PTY LTD
ACN 065 899 176
(applicant)
v
MYRETTA COOPER
(first respondent)
BRYAN DOIG
(second respondent)
STERLING PARTS (QLD) PTY LTD
ACN 155 400 105
(third respondent)FILE NO:
BS 4768/15
DIVISION:
Trial
PROCEEDING:
Application
DELIVERED ON:
5 June 2015
DELIVERED AT:
Brisbane
HEARING DATES:
3 June 2015 – 4 June 2015
JUDGE:
Bond J
ORDERS:
The orders of the court are:
1. The applicant is to file and serve a form of order reflecting these reasons for judgment on or before 9 June 2015.
2. If any respondent disagrees with the applicant’s proposed form of order, then that party is to file and serve any proposed form of order on or before 12 June 2015.
3. On or before 17 June 2015, each party is to file and serve such written submissions as they wish with respect to the proposed form of order, including any submissions as to costs.
4. The proceeding is to be listed for further hearing on any outstanding matters arising from the proposed forms of order and submissions at 9.15am on 19 June 2015.
5. Filing of the proposed forms of order and submissions is to take place electronically to my Associate
6. Until the forms of order are finalised in accordance with the previous orders:
(a) the first and second respondents are restrained from attending any premises operated or maintained by the third respondent;
(b) the first and second respondents are restrained from communicating with that company or any agent representative employee or related entity of that company other than for the purpose of obtaining legal advice or as may be necessary for the conduct of the proceeding;
(c) the parties have liberty to apply on 24 hours notice.
CATCHWORDS:
TRADE AND COMMERCE – OTHER REGULATION OF TRADE OR COMMERCE – RESTRAINTS OF TRADE – VALIDITY AND REASONABLENESS – PARTICULAR CASES – EMPLOYMENT – where the applicant was involved in the sale of automotive parts - where the first and second respondent were employed by the applicant – where the first and second respondents’ contracts of employment included a restraint clause – where the first and second respondents were subsequently employed by the third respondent – where the applicant alleged that the third respondent was a competitor – where the applicant alleged this was a breach of the first and second respondent’s contract of employment – where the respondents alleged that the clause was unreasonable and unenforceable – whether the first and second respondent were in breach of their previous contracts of employment – whether the restraint of trade clause was reasonable
COUNSEL:
N Ferrett for the applicant
M Smith for the first, second and third respondentsSOLICITORS:
Milner Lawyers for the applicant
Bennett Carroll Solicitors for the first, second and third respondents
Introduction
The applicant, Auto Parts Group Pty Ltd, (“APG”) is a company engaged in the importation and wholesaling of automotive…
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- Case
- [2015] QSC 155
- Decision Date
CaseChat Overview and Summary
The court considered the nature of the restraint of trade clause, its duration, and the extent of the geographical restriction. It was noted that the clause was broad and did not limit the respondents' ability to work in the automotive parts industry altogether. The court also considered the legitimate interests of the applicant in protecting its business and intellectual property. The court found that the restraint of trade clause was reasonable and enforceable to the extent necessary to protect the applicant's legitimate business interests. However, the court considered that the restraint went beyond what was necessary to protect those interests and was therefore unreasonable and unenforceable to the extent that it prevented the respondents from working in the automotive parts industry altogether.
The orders of the court were that the applicant was to file and serve a form of order reflecting these reasons for judgment on or before 9 June 2015. If any respondent disagreed with the applicant's proposed form of order, then that party was to file and serve any proposed form of order on or before 12 June 2015. On or before 17 June 2015, each party was to file and serve such written submissions as they wished with respect to the proposed form of order, including any submissions as to costs. The proceeding was to be listed for further hearing on any outstanding matters arising from the proposed forms of order and submissions at 9.15am on 19 June 2015. Until the forms of order were finalised in accordance with the previous orders, the first and second respondents were restrained from attending any premises operated or maintained by the third respondent and from communicating with that company or any agent representative employee or related entity of that company other than for the purpose of obtaining legal advice or as may be necessary for the conduct of the proceeding. The parties had liberty to apply on 24 hours notice.
Orders
Orders of the court
The orders of the court are:
1. The applicant is to file and serve a form of order reflecting these reasons for judgment on or before 9 June 2015.
2. If any respondent disagrees with the applicant’s proposed form of order, then that party is to file and serve any proposed form of order on or before 12 June 2015.
3. On or before 17 June 2015, each party is to file and serve such written submissions as they wish with respect to the proposed form of order, including any submissions as to costs.
4. The proceeding is to be listed for further hearing on any outstanding matters arising from the proposed forms of order and submissions at 9.15am on 19 June 2015.
5. Filing of the proposed forms of order and submissions is to take place electronically to my Associate
6. Until the forms of order are finalised in accordance with the previous orders:
(a) the first and second respondents are restrained from attending any premises operated or maintained by the third respondent;
(b) the first and second respondents are restrained from communicating with that company or any agent representative employee or related entity of that company other than for the purpose of obtaining legal advice or as may be necessary for the conduct of the proceeding;
(c) the parties have liberty to apply on 24 hours notice.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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