Devine Real Estate Concord Pty Ltd & Ors v Wajih Agha (aka Roger Agha) & Anor

The matter involved Devine Real Estate Concord Pty Ltd and others, who were plaintiffs, against Wajih Agha and another defendant. The plaintiffs sought relief for the alleged breach of contractual covenants in restraint of trade and the misuse of confidential information. The case was heard in the Supreme Court of New South Wales. The plaintiffs contended that the defendants had breached the restraint of trade clauses in their contracts and had improperly used confidential information. The defendants argued that the restraint of trade clauses were unenforceable and that the information in question had become part of the public domain.

The court had to determine whether the restraint of trade clauses were enforceable and, if so, whether the defendants had breached them. The court also needed to assess whether the plaintiffs had established a breach of confidence and whether the confidential information had become part of the public domain. Additionally, the court had to consider the utility of making an order restricting the use of the confidential information.

The court found that the restraint of trade clauses were enforceable and that the defendants had breached them by entering into employment with a competitor. The court held that the plaintiffs had established a breach of confidence as the information was of a confidential nature and had not been in the public domain. The court determined that the reading of an affidavit by a third party did not necessarily make the information part of the public domain. Finally, the court considered the utility of making an order restricting the use of the confidential information and found it to be necessary to prevent the defendants from continuing to use the information improperly.