JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: BEND-TECH GROUP (A FIRM) -v- BEEK [2015] WASC 491
CORAM: PRITCHARD J
HEARD: 8 DECEMBER 2015
DELIVERED : 22 DECEMBER 2015
FILE NO/S: CIV 2819 of 2015
BETWEEN: BEND-TECH GROUP (A FIRM)
Plaintiff
AND
ANDREW DAVID BEEK
Defendant
Catchwords:
Injunction - Interlocutory injunction - Restraint of trade - No serious question to be tried - Balance of convenience does not favour injunction
Legislation:
Nil
Result:
Application for interlocutory injunction dismissed
Category: B
Representation:
Counsel:
Plaintiff: Mr C J Graham
Defendant: Mr M D Cox
Solicitors:
Plaintiff: Borrello Graham Lawyers
Defendant: MDC Legal
Cases referred to in judgment:
Amoco Australia Pty Ltd v Rocca Bros Motor Engineering Co Pty Ltd [1973] HCA 40; (1973) 133 CLR 288
Attwood v Lamont [1920] 3 KB 571
BDO Group Investments (NSW-Vic) Pty Ltd v Ngo [2010] VSC 206
Brightman vLamson Paragon Ltd [1914] HCA 90; (1914) 18 CLR 331
Buckley v Tutty [1971] HCA 71; (1971) 125 CLR 353
IF Asia Pacific Pty Ltd v Galbally [2003] VSC 192
Integrated Group Ltd v Dillon [2009] VSC 361
Jardin and Jardim Investments Pty Ltd v Metcash Ltd [2011] NSWCA 409; (2011) 285 ALR 677
Mason v Provident Clothing & Supply Co Ltd [1913] AC 724
Mineralogy Pty Ltd v Sino Iron Pty Ltd [No 2] [2013] WASC 375
Nordenfelt v The Maxim Nordenfelt Guns and Ammunition Co Ltd [1894] AC 535
Putsman v Taylor [1927] 1 KB 637
Smith v Nomad Modular Building Pty Ltd [2007] WASCA 169
Twinside Pty Ltd v Venetian Nominees Pty Ltd [2008] WASC 110
PRITCHARD J: Bend-Tech Group is a partnership which operates a metal fabrication business for the resources and industrial sectors. One aspect of its business involves the rolling, bending and curving of metal pipes and other metal components, and the provision of other bespoke pipe-bending services to meet the needs of its customers.
Mr Beek commenced working for Bend-Tech in 2005 when he was 21 years old. He was employed by Bend-Tech until 1 April 2015, apart from a 12‑month period between August 2011 and July 2012, when Mr Beek went to work in his father's air conditioning business. His employment with Bend-Tech ceased on 1 April 2015.
Bend-Tech says that Mr Beek was employed pursuant to a written contract of employment which contained a restraint clause. The restraint clause is set out at [20] of these reasons. In summary, the restraint clause has two components of present relevance: a 'non-solicitation clause' in cl 18.1.5.2, which purports to prohibit Mr Beek from endeavouring to solicit or entice customers from Bend‑Tech, and a 'non-competition clause' in cl 18.1.6, which purports to prohibit Mr Beek from working (whether as a principal, or as an employee or agent of another entity) in any business of a similar kind…
Keep reading for free
Create a free CaseChat account to read Bend-Tech Group (A Firm) v Beek and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2015] WASC 491
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether there was a serious question to be tried in relation to Mr Beek's use of confidential information and trade secrets, and whether the balance of convenience favoured granting an interlocutory injunction. The court examined the evidence provided by both parties and considered the likelihood of Mr Beek using confidential information or trade secrets in his new employment.
The court found that there was no serious question to be tried as Bend-Tech had not made out a case that Mr Beek had access to confidential information or trade secrets. The court noted that the evidence suggested that Mr Beek had learned general skills and knowledge in the industry during his employment with Bend-Tech, rather than specific confidential information. Additionally, the court found that the balance of convenience did not favour granting the injunction, as Mr Beek had already suffered significant financial loss and hardship due to the restrictions placed on his ability to work. The court emphasised the importance of balancing the rights of both parties and the need to avoid causing unnecessary hardship to the applicant.
The court refused to grant the interlocutory injunction and ordered Bend-Tech to pay Mr Beek's costs of the chambers summons dated 13 November 2015 forthwith, to be taxed if not agreed, without regard to the upper limits of Item 10 of the Legal Profession (Supreme Court) (Contentious Business) Determination 2014. Counsel were directed to confer in respect of the costs of the present application with a view to submitting a minute of consent orders. In the absence of consent, the court would hear from the parties.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
His Honour expressed the same view in Buitendag v Ravensthorpe Nickel Operations Pty Ltd.[53][53] Buitendag v Ravensthorpe Nickel Operations Pty Ltd [2012] WASC 425 (S) [5]. There will be an order that Bend‑Tech pay Mr Beek's costs of Bend‑Tech's chambers summons dated 13 November 2015 forthwith, to be taxed if not agreed, without regard to the upper limits of Item 10 of the Legal Profession (Supreme Court) (Contentious Business) Determination 2014. Counsel should confer in respect of the costs of the present application with a view to submitting a minute of consent orders. In the absence of consent, I will hear from the parties.