Johnson Property Group Pty Ltd v Dabson

In the case of Johnson Property Group Pty Ltd v Dabson, the plaintiff, Johnson Property Group, sought an interlocutory injunction to prevent the defendant, Dabson, from entering into a contract with a third party, which would result in the defendant's breach of a non-compete clause contained in an existing contract with Johnson Property Group. The case was heard in the Supreme Court of New South Wales. Johnson Property Group argued that the defendant's actions would result in a breach of the non-compete clause and that an injunction was necessary to prevent the defendant from entering into the contract with the third party. Dabson, on the other hand, argued that the non-compete clause was invalid and unenforceable, and that an injunction would cause him significant financial harm.
The court was required to determine whether the non-compete clause was valid and enforceable, and whether an interlocutory injunction should be granted to prevent the defendant from entering into the contract with the third party. The court also had to consider whether the plaintiffs were entitled to their costs, given that the proceedings were spent and effectively resolved by consent.
The court found that the non-compete clause was valid and enforceable, and that an interlocutory injunction was appropriate to prevent the defendant from entering into the contract with the third party. The court held that the plaintiffs had acted reasonably in pursuing the injunction, and that they were almost certain to have succeeded in the proceedings. As a result, the plaintiffs were entitled to their costs. The court also made interlocutory orders on the return date of the summons, which were in effect resolved by consent.

The court ordered that the defendant was restrained from entering into the contract with the third party, and that the defendant pay the plaintiffs' costs of the proceedings. The court also ordered that the defendant pay interest on the costs from the date of the summons until the date of the judgment.