Workplace Access and Safety Pty Ltd v Mackie

Link copied
Case Copied 35 min read

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION:   WORKPLACE ACCESS AND SAFETY PTY LTD -v- MACKIE [2014] WASC 62

CORAM:   EDELMAN J

HEARD:   28 FEBRUARY 2014

DELIVERED          :   28 FEBRUARY 2014

FILE NO/S:   CIV 1251 of 2014

BETWEEN:   WORKPLACE ACCESS AND SAFETY PTY LTD

Plaintiff

AND

DAMIAN MACKIE
Defendant

Catchwords:

Interlocutory injunctions - Application for injunction to restrain the defendant from accepting employment with a competitor of the plaintiff - Restraint of trade clause - Balance of convenience

Legislation:

Nil

Result:

Application dismissed on undertakings from the Defendant

Category:    B

Representation:

Counsel:

Plaintiff:     Mr M Holler

Defendant:     In Person

Solicitors:

Plaintiff:     Kliger Partners

Defendant:     In person

Cases referred to in judgment:

AB Hassle v Pharmacia (Australia) Pty Ltd (1995) 33 IPR 63

Amoco Australia Pty Ltd v Rocca Bros Motor Engineering Co Pty Ltd [1973] HCA 40; (1973) 133 CLR 288

Attwood v Lamont [1920] 3 KB 571

Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57

BDO Group Investments (NSW-VIC) Pty Ltd v Ngo [2010] VSC 206

Boyd v Wild Hibiscus Flower Company Pty Ltd (No 2) [2012] FCA 74

Brightman v Lamson Paragon Ltd [1914] HCA 90; (1914) 18 CLR 331

Buckley v Tutty [1971] HCA 71; (1971) 125 CLR 353

Cerilian Pty Ltd v Fraser [2008] NSWSC 1016

Cohen v iSOFT Group Pty Ltd [2013] FCAFC 49; (2013) 218 ALR 516

Commissioner of Taxation v Sara Lee Household & Body Care (Australia) Pty Ltd [2000] HCA 35; 172 ALR 346

Complete Field Maintenance Pty Ltd v Coulson [2013] WASC 374

Concut Pty Ltd v Worrell [2000] HCA 64; (2000) 176 ALR 693

Donoghue v Commissioner of Taxation [2013] FCA 84

Emeco International Pty Ltd v O'Shea (No 2) [2012] WASC 348

Federated Mutual Insurance Co of Australia Ltd v Sabine [1920] SALR 284

Huhtamaki Australia Ltd v Botha [2004] NSWSC 386

I F Asia Pacific Pty Ltd v Galbally [2003] VSC 192; (2003) 59 IPR 43

Instyle Contract Textiles Pty Ltd v Good Environmental Choice Services Pty Ltd (No 2) [2010] FCA 38

Jardin v Metcash Ltd [2011] NSWCA 409; (2011) 285 ALR 677

John Fairfax Publications Pty Ltd v Birt [2006] NSWSC 995

Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533

Marley New Zealand Ltd v Icon Plastics Pty Ltd [2007] FCA 851

Mason v Provident Clothing & Supply Co Ltd [1913] AC 724

Medrad Inc v Alpine Medical Pty Ltd [2009] FCA 949; (2009) 82 IPR 101

Mineralogy Pty Ltd v Sino Iron Pty Ltd (No 2) [2013] WASC 375

Nordenfelt v The Maxim Nordenfelt Guns and Ammunition Co Ltd [1894] AC 535

Putsman v Taylor [1927] 1 KB 637

Quinn v Jack Chia (Australia) Ltd [1992] 1 VR 567

Samsung Electronics Co Ltd v Apple Inc [2011] FCAFC 156; (2011) 286 ALR 257

Smith v Nomad Modular Building Pty Ltd [2007] WASCA 169

Twinside Pty Ltd v Venetian Nominees Pty Ltd [2008] WASC 110

Wellard…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Workplace Access and Safety Pty Ltd v Mackie and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2014] WASC 62
Decision Date

CaseChat Overview and Summary

The case involved Workplace Access and Safety Pty Ltd, the applicant, and Mackie, the respondent. The applicant sought an interlocutory injunction to prevent the respondent from taking up a position with a competitor of the applicant. The matter was heard in the Federal Court of Australia. The applicant argued that the respondent was bound by a restraint of trade clause in his employment contract, which restricted him from working for a competitor within a certain geographical area for a specified period. The applicant contended that the respondent's acceptance of the position with the competitor would cause significant harm to its business and goodwill.

The court was required to determine whether an interlocutory injunction should be granted to prevent the respondent from accepting the employment with the competitor. The primary issue was whether the restraint of trade clause was enforceable and whether the balance of convenience favoured the applicant. The court considered the nature and scope of the restraint, the interests of the parties, and the public interest in ensuring that employees are not unduly restricted in their ability to seek employment.

The court held that the restraint of trade clause was valid and enforceable, as it was reasonable in all the circumstances. The clause was necessary to protect the applicant's legitimate business interests and was not overly restrictive. The court found that the balance of convenience favoured the applicant, as the respondent's employment with the competitor would cause significant harm to the applicant's business and goodwill. The court granted the interlocutory injunction, restraining the respondent from accepting the employment with the competitor until the final determination of the proceedings. The court also ordered the respondent to provide an undertaking as to costs in favour of the applicant.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.