Willis Australia Group Services Pty Ltd v Griggs

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.