Crupe Pte Limited v Stuart Kinnear Robertson

Crupe Pte Limited sought an interlocutory injunction against Stuart Kinnear Robertson, arguing that he had breached an employment contract. The matter was heard in the Supreme Court of New South Wales. The central issue for the Court was whether to grant an interlocutory injunction preventing Robertson from breaching his employment contract. This decision hinged on whether Robertson had indeed breached his employment contract and whether Crupe Pte Limited had provided sufficient evidence to warrant such an injunction.

The Court needed to determine the legal validity of the injunctions and the burden of proof for such injunctions, particularly in the context of foreign law. A critical aspect was whether Crupe Pte Limited had sufficiently demonstrated that Robertson was in breach of his employment contract, given the uncertainty surrounding the proof of foreign law. Additionally, the Court had to consider the expert opinions presented, which were not reconcilable, and their relevance to the interlocutory hearing.

The Court found that the injunctions were appropriate given the evidence presented. It determined that Crupe Pte Limited had demonstrated a likelihood of Robertson breaching his employment contract, and the uncertainty surrounding the foreign law did not outweigh this evidence. The Court also found that the irreconcilable expert opinions did not preclude the granting of the injunctions, as the primary concern was the likelihood of breach rather than the precise nature of the breach. Consequently, the Court granted the interlocutory injunctions, pending a final determination of the matter.