Recent Cases

McMurchy v Employsure Pty Ltd; Kumaran v Employsure Pty Ltd [2022] NSWCA 201 (11 October 2022) (Gleeson, Leeming and Kirk JJA)


CONTRACT – restraint of trade – whether exclusive employment covenants reasonable – whether potentiality for confidential information to be used to employer’s detriment – where proposed new employer supplied a competing product – where employee had received information about marketing, shortcomings and potential development of employer’s product

CONTRACT – restraint of trade – whether competitor restraint reasonable – where restraint only operated if competition existed at termination – language of restraint justifies inference that parties contemplated competition at termination – not necessary to prove specific competitors existed at time of entry into restraint

CONTRACT – restraint of trade – challenge to discretion to make declaration and grant injunction – whether protectable interest in employer’s confidential information at date of hearing

CONTRACT – restraint of trade – inducing or encouraging another employee to leave employment – whether other employee had independently decided to leave – where finding as to materiality of encouragement and inducement was well open