Hannamax Hi-Tech Pty Ltd v O'Donnell

Hannamax Hi-Tech Pty Ltd brought an action against O'Donnell, seeking an interlocutory injunction to restrain O'Donnell from obtaining or commencing employment with a competitor of Hannamax Hi-Tech, as well as an interlocutory mandatory injunction that O'Donnell terminate his current employment with a competitor. The dispute arose from a contract of employment between the parties that included terms providing for the non-disclosure of confidential information. The case was heard in the Supreme Court of New South Wales.

The court had to decide whether there was sufficient evidence of confidential information in O'Donnell's possession to warrant an interlocutory injunction. Additionally, the court needed to determine if a breach of the covenant against competition was present and if the covenant was enforceable. The court also had to weigh the balance of convenience, considering that O'Donnell had given an undertaking not to approach certain customers of Hannamax Hi-Tech.

The court found that there was not enough evidence of confidential information in O'Donnell's possession to warrant an injunction. Furthermore, the court determined that there was a serious question to be tried as to whether the covenant against competition was enforceable. In light of the undertaking given by O'Donnell, the court decided that the balance of convenience favoured denying the injunction. Therefore, the application for an interlocutory mandatory injunction was refused.

The final orders included a refusal of the interlocutory mandatory injunction and a refusal of the interlocutory injunction to restrain O'Donnell from obtaining or commencing employment with a competitor of Hannamax Hi-Tech.