Willis Australia Group Services Pty Ltd v Griggs

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Supreme Court


New South Wales

Medium Neutral Citation: Willis Australia Group Services Pty Ltd v Griggs [2012] NSWSC 659
Hearing dates:8 June 2012
Decision date: 14 June 2012
Jurisdiction:Equity Division - Duty List
Before: Ward J
Decision:

Interlocutory application granted

Catchwords: CIVIL PROCEDURE - interlocutory injunctions - application for injunction to restrain the defendants from breaching various restrictive covenants in agreements entered in connection with their employment - HELD - limited injunctive relief granted on an interlocutory basis
Legislation Cited: Accident Compensation Act 1985 (Vic)
Companies Act 1981 (Bermuda)
Companies Act 2006 (UK)
Corporations Act 2001 (Cth)
Migration Act 1958 (Cth)
Restraints of Trade Act 1976 (NSW)
Victims Support and Rehabilitation Act 1996 (NSW)
Cases Cited: ACP Magazines Pty Ltd v Southdown Publications Pty Ltd [2002] NSWSC 715
Attorney-General of Australia v Adelaide Steamship Co [1913] AC 781
Aussie Home Loans v XInc Services [2005] NSWSC 285
Australian Broadcasting Corporation O'Neill (2006) 229 ALR 457
Cactus Imaging Pty Ltd v Peters (2006) 71 NSWLR 9
Capgemini US v Case [2004] NSWSC 674
Cerilian Pty Ltd v Graham Fraser [2008] NSWSC 1016
Dalgety Wine Estates Pty Ltd v Rizzon (1979) 141 CLR 552
Damberg v Damberg [2001] NSWCA 87; (2001) 52 NSWLR 492
Dawnay Day & Co Ltd v De Braconier d'Alphen [1998] ICR 1068
Hanna v OAMPS Insurance Brokers Ltd [2010] NSWCA 267
Hannamax Hi-Tech Pry Ltd v O'Donnell [2001] NSWSC 634
Herbert Morris Ltd v Saxelby [1916] 1 AC 688
Huhtamaki Australia Ltd v Botha [2004] NSWSC 386
IceTV v Duncan Ross and Ors [2007] NSWSC 635
Idameneo (No 123) Pty Ltd v Dr Teresa Angel-Honnibal [2002] NSWSC 1214
John Fairfax Publications Pty Ltd v Birt [2006] NSWSC 995
KA & C Smith Pty Ltd v Ward (1998) 45 NSWLR 702
Kearney v Crepaldi [2006] NSWSC 23
Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533
Kone Elevators Pty Ltd v McNay (1997) ATPR 41-564; (1997) Aust Contract R 90-080
Koops Martin Financial Services Pty Ltd v Reeves [2006] NSWSC 449
Littlewoods Organisation Ltd v Harris [1977] 1 WLR 1472
Maggbury Pty Ltd v Hafele Australia Pty Ltd (2001) 210 CLR 181
Minister for Immigration and Ethnic Affairs v Baker (1997) 45 ALD 136
Network Ten Ltd v Fullwood (1995) 62 IR 43
North Western Salt Co Ltd v Electrolytic Alkali Co Ltd [1914] AC 461
Orleans Investments Pty Ltd v MindShare Communications Ltd (2009) 254 ALR 81
Otis Elevator Company Pty Ltd v Nolan [2007] NSWSC 593
Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451
Pickering v Stephenson (1872) LR 14 Eq 322
Professional Advantage Pty Ltd v Smart [2008] NSWSC 873
Putsman v Taylor [1927] 1 KB 637
Regie Nationale des Usines Renault SA v Zhang [2002] HCA 10, (2002) 210 CLR 491
Rouen; Rentokil Pty Ltd v Lee (1995) 183 LSJS 444
Sidameneo (No 456) Pty Ltd v Alexander [2011] NSWCA 418
Seven Network (Operations) Ltd v James Warburton (No 2) [2011] NSWSC 386
State of Victoria…
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Details
Case
[2012] NSWSC 659
Decision Date

CaseChat Overview and Summary

Willis Australia Group Services Pty Ltd brought an application against Griggs for injunctive relief to restrain Griggs from breaching various restrictive covenants contained in agreements entered into in connection with Griggs' employment. The Full Court of the Federal Court heard the case and had to determine whether the applicant was entitled to an interlocutory injunction pending the final hearing of the proceedings. The legal issues included whether the applicant had a serious question to be tried, whether the applicant would suffer irreparable harm if the injunction was not granted, and whether the balance of convenience favoured the grant of an injunction.

The court found that the applicant had established a serious question to be tried, as the restrictive covenants were valid and enforceable, and the applicant had demonstrated a real prospect of success at the final hearing. The court also found that the applicant would suffer irreparable harm if the injunction was not granted, as the breach of the restrictive covenants could result in significant loss of business and reputational damage. The balance of convenience also favoured the grant of an interim injunction, as the harm to the applicant if the injunction was not granted outweighed any harm that might be suffered by Griggs if the injunction was granted. The court therefore granted limited injunctive relief on an interlocutory basis.

The court ordered that Griggs and his associated entities were restrained from taking certain actions, including soliciting or inducing any current or former employees of the applicant to terminate their employment and providing services to any person who was a current or former customer of the applicant. The court also ordered that Griggs and his associated entities were restrained from using or disclosing any confidential information of the applicant. These orders were to remain in effect until the final hearing of the proceedings or until further order of the court.

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