Long Jetty Realty Pty Ltd v Whiteman

Long Jetty Realty Pty Ltd, a real estate agency, sued Mr Whiteman, a former employee, for allegedly breaching his post-employment restrictive covenants. The plaintiff sought an injunction to prevent the defendant from engaging in real estate services within a specified geographical area and damages for any losses incurred. The case was heard in the Supreme Court of New South Wales.

The court was tasked with determining whether the plaintiff was entitled to an injunction to restrain the defendant from performing real estate services and whether damages would be an adequate remedy for any losses suffered by the plaintiff. The primary legal issue was whether the restrictive covenant in the defendant's contract of employment was enforceable and, if so, whether an injunction was the appropriate remedy.

The court found that the restrictive covenant was enforceable and the defendant had breached it. However, the court held that an injunction was not the appropriate remedy in this case. The court reasoned that the plaintiff had suffered no loss as a result of the defendant's breach of the restrictive covenant, and that damages would be an adequate remedy for any losses suffered. The court also considered that the defendant had already ceased performing real estate services in the specified geographical area, rendering the injunction unnecessary. The court therefore refused to grant the injunction and ordered the defendant to pay damages to the plaintiff.

The court ordered the defendant to pay the plaintiff damages in the sum of $25,000, together with interest at the rate of 8% per annum from the date of judgment until the date of satisfaction. The court also ordered the defendant to pay the plaintiff's costs of the proceedings.