SGP Insurance Brokers v Marisa Rockett

In the case of SGP Insurance Brokers v Marisa Rockett, the dispute centred on the enforceability of a restraint of trade clause in an employment contract. The employee, Marisa Rockett, had worked as an insurance broker for SGP Insurance Brokers and was the primary point of contact for many of the company's customers. Following her departure, Rockett began to solicit these same customers, prompting SGP Insurance Brokers to seek an interlocutory injunction to prevent her from doing so. The case was heard by the Supreme Court of New South Wales.

The central legal issues revolved around whether the restraint of trade clause in Rockett's employment contract was enforceable, and if so, whether an interlocutory injunction was warranted to prevent her from soliciting SGP Insurance Brokers' customers. The court needed to determine whether the restraint was reasonable in terms of its duration, geographical scope, and the nature of the activities it sought to restrict.

The court found that the restraint of trade clause was enforceable as it was reasonable in all respects. Given Rockett's role as the primary point of contact for many customers, the court held that she had a unique ability to solicit these customers post-employment. Consequently, the court granted the interlocutory injunction, restraining Rockett from soliciting SGP Insurance Brokers' customers until the matter was fully resolved.

In summary, the Supreme Court of New South Wales upheld the enforceability of the restraint of trade clause and issued an interlocutory injunction preventing Marisa Rockett from soliciting SGP Insurance Brokers' customers. This decision reinforced the importance of tailored restraint of trade clauses in protecting businesses from unfair competition post-employment.