Tradition Australia Pty Ltd v Gunson

Tradition Australia Pty Ltd, a company engaged in the sale and marketing of products, engaged Mr Gunson, an individual, to perform the role of managing director of the company. The employment was subject to a written contract that included a clause requiring Mr Gunson to obtain the company's approval before making any investment decision of a significant nature. Following a dispute over an investment decision, Tradition Australia sought an interlocutory injunction preventing Mr Gunson from performing his role as managing director. Tradition Australia then sought an order for specific performance of the contract, claiming that Mr Gunson had breached the terms of the contract. The court had to determine whether a serious question to be tried existed in relation to the employer's right to specific performance against the employee in respect of an employment contract.

The central legal issue before the court was whether there was a serious question to be tried as to the employer's right to specific performance against the employee in respect of an employment contract. The court considered whether the contract was sufficiently certain and whether the nature of the contract made it appropriate for the court to order specific performance. The court also considered the nature of the employment relationship and whether an order for specific performance would be an appropriate remedy in the circumstances.

The court found that there was a serious question to be tried as to the employer's right to specific performance against the employee. The court found that the contract was sufficiently certain, and the nature of the contract made it appropriate for the court to order specific performance. The court also found that the employment relationship was such that an order for specific performance was an appropriate remedy. The court found that there was a serious question to be tried as to the employer's right to specific performance against the employee, and therefore, the interlocutory injunction was granted.

The court ordered that an interlocutory injunction be granted to Tradition Australia Pty Ltd against Mr Gunson, restraining him from performing his role as managing director. The court also ordered that the matter proceed to a full hearing to determine the employer's right to specific performance against the employee in respect of the employment contract. The court found that there was a serious question to be tried as to the employer's right to specific performance against the employee, and therefore, the interlocutory injunction was granted.