JMB (NSW) Pty Ltd v West

In the case of JMB (NSW) Pty Ltd v West, the plaintiff, JMB, sought to enforce a restraint of trade clause against the defendant, West, who was a junior-level employee. The primary dispute centred on whether the restraint against employment with a competing business was enforceable, and if it was, what remedies were appropriate given the circumstances. The matter was heard in the Supreme Court of New South Wales.

The court was required to determine whether the restraint against employment with a competing business was justified, given the defendant's junior role and the absence of any entitlement to payment from JMB. The court also needed to decide if the restraint on solicitation was appropriately tailored, considering the relief sought extended beyond the scope of the defendant's actual dealings. The court further considered whether the plaintiff's delay in applying for relief impacted the enforceability of the restraint clauses.

The court found that the restraint against employment with a competing business was not enforceable due to the defendant's junior level and the absence of any entitlement to payment from JMB. The court ruled that the restraint on solicitation was also overly broad, as it extended beyond the scope of the defendant's actual dealings with customers. The court dismissed the plaintiff's request for the defendant to submit his electronic devices for a search of confidential information, accepting the defendant's evidence that no confidential information was present on the devices. The court did not find the delay in the plaintiff's application to be a significant factor in its decision.

The court ordered that the restraint of trade clauses were not enforceable, and no further relief was granted to the plaintiff.