Monash IVF Pty Ltd v Mooring

The plaintiff, Monash IVF Pty Ltd, brought an action against the defendant, Mooring, seeking an interlocutory injunction to restrain the defendant from breaching a restraint of trade clause contained in his employment contract. The dispute was heard in the Federal Circuit Court of Australia. The plaintiff argued that the defendant had breached the restraint of trade clause by engaging in activities that competed with the plaintiff's business. The defendant, on the other hand, contended that the clause was unreasonable and unenforceable.

The primary legal issue before the court was whether the restraint of trade clause in the defendant's employment contract was reasonable and enforceable. The court also considered whether the plaintiff was entitled to costs incurred as a result of the defendant's late filing of evidence, which resulted in an adjournment of the hearing. The court held that the restraint of trade clause was reasonable and enforceable, but refused to grant the interlocutory injunction due to the adjournment. The court further held that the plaintiff was not entitled to costs incurred as a result of the adjournment, as the adjournment was necessary to ensure a fair hearing. However, the court ordered the plaintiff to pay the costs of the interlocutory application in full. The defendant's application for costs payable forthwith was refused, and the costs in the cause were to be determined at a later date.

In summary, the court found that the restraint of trade clause in the defendant's employment contract was reasonable and enforceable. However, the plaintiff was not entitled to costs incurred as a result of the defendant's late filing of evidence, which resulted in an adjournment of the hearing. The plaintiff was ordered to pay the costs of the interlocutory application in full, and the defendant's application for costs payable forthwith was refused. The costs in the cause were to be determined at a later date.