Independent Corporate Services Ltd v Stevens

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INDEPENDENT CORPORATE SERVICES LTD -v- STEVENS [2002] WASC 280



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASC 280
Case No:CIV:2489/200219 NOVEMBER 2002
Coram:ROBERTS-SMITH J26/11/02
28Judgment Part:1 of 1
Result: Application for interlocutory injunction refused
B
PDF Version
Parties:INDEPENDENT CORPORATE SERVICES LTD (ACN 008 077 325)
GEOFFREY STEVENS

Catchwords:

Employment
Business in competition with former employer
Fiduciary duty
Fidelity
Acts preparatory to establishing business
Whether breaches of duty to employer
Whether knowledge of customer lists, billing cycle and fees confidential information
Canvassing of customers of former employer
Whether breach of duty
Interlocutory injunction
Contract of employment
Implied terms of fidelity and confidentiality
Whether use of confidential information to canvass customers of former employer
Evidence
Whether serious question to be tried

Legislation:

Nil

Case References:

American Cyanamid Co v Ethicon Ltd [1975] AC 396
Birch Investments Pty Ltd v Lim, unreported; SCt of WA; Library No 7396; 12 July 1988
Blyth Chemicals Ltd v Bushnell (1933) 49 CLR 66
Castlemaine Tooheys Ltd v State of South Australia (1986) 161 CLR 148
Cayne & Anor v Global Resources PLC [1984] 1 All ER 225
Commissioner of Taxation v Ahern (1986) 87 FLR 112
Faccenda Chicken Ltd v Fowler & Ors [1986] 1 All ER 617
Hubbard v Vosper [1972] 2 QB 84
McCorkhill Holdings Pty Ltd (Receiver and Manager Appointed) v Fraser, unreported; SCt of WA (Rowland J); Library No 920621; 26 November 1992
Mott v Mount Edon Gold Mines (1994) 12 ACLC 319
N P Generations Pty Ltd v Feneley [2000] SASC 240
Re Juson Pty Ltd (1992) 8 WAR 13
Savings & Investment Bank Ltd v Gasco Investments (Netherlands) BV [1984] 1 WLR 271
Wessex Dairies Ltd v Smith [1935] 2 KB 80

ABC v Lenah Game Meats Pty Ltd [2001] HCA 63
Canadian Aero Services Ltd v O'Malley (1973) 40 DLR (3d) 371
CE Elley Ltd v Wairoa­Harrison (1987) 1 NZELC 95,620
Everiday Brushes, Amber v Lamont (1989) 4 NZCLC 64,936
Fejo v Northern Territory (1998) 195 CLR 96
Graham Sargant v Lowndes Lambert Australia Pty Ltd [2000] WAIRC 263
Green v Bestobell Industries Pty Ltd [1982] WAR 1
Hartleys Ltd v Yukich & Ors [2002] WASC 184
Hospital Products v United States Surgical Corporation (1984) 156 CLR 41
Maryland Metals Inc v Metzner (1978) 302 A (2d) 564
Morris & Anor v A1 Pools Pty Ltd & Ors [2000] WASCA 335
Patrick Stevedores Operations No2 Pty Ltd v MUA (1998) 195 CLR 1
Peninsular Real Estate Ltd v Harris (1992) 2 NZLR 216
Stenhouse Australia Ltd v Phillips [1974] AC 391
Target Recruitment Services Ltd v Lewin (1988) 2 NZELC 95,704
Weldon v Harbison [2000] NSWSC 272
Westminster Chemical NZ Ltd v McKinley [1973] 1 NZLR 659

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : INDEPENDENT CORPORATE SERVICES LTD -v- STEVENS [2002] WASC 280 CORAM : ROBERTS-SMITH J HEARD : 19 NOVEMBER 2002 DELIVERED : 26 NOVEMBER 2002 FILE NO/S :
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Details
Case
[2002] WASC 280
Decision Date

CaseChat Overview and Summary

This is an application for an interlocutory injunction in which the plaintiff, Independent Corporate Services Ltd, seeks to restrain the defendant, Geoffrey Stevens, from soliciting clients of the plaintiff and enjoining the defendant to provide certain details of established and potential clients of the plaintiff whom he has contacted directly or indirectly since the defendant ceased his employment with the plaintiff. The plaintiff's claim is that by reason of his senior position and the circumstances in which he left the plaintiff's employ, the defendant was under express and implied obligations of confidentiality and fidelity which expressly extended beyond the termination of his employment with the plaintiff, and that further he was in a position of trust and confidence with respect to the plaintiff, which imposed a fiduciary duty upon him. The plaintiff further pleads the defendant directly approached at least two clients of the plaintiff whilst still in the plaintiff's employ, indicating that he was intending to leave that employ and establish a corporate registry business on his own account and that he was soliciting the clients regarding the provision of corporate registry services by him following his leaving the plaintiff's employ. The plaintiff also claims that it is the belief of the plaintiff that the defendant is engaged in a concerted plan to materially damage the commercial interests of the plaintiff in an effort to entice clients to his new business. The plaintiff seeks a range of injunctive relief directed to restraining the defendant from soliciting employees or clients of the plaintiff and providing to the plaintiff, details of specified client information, together with a claim for equitable compensation by reason of the alleged breaches of fiduciary duty and confidence. The application for interlocutory injunction was opposed by the defendant. The court found that the plaintiff's case did not establish a serious question to be tried and that there was no adequate remedy available to the plaintiff in damages. The court also found that the balance of convenience lay in refusing the application. The application for the interim injunction was refused.

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