Catchwords:

INDUSTRIAL LAW – breach of post-employment restrictive covenants by an employee – meaning of prior consent of the employer – whether employees established employer prior consent to soliciting clients before employment agreements entered into – held no error by the primary judge.

DAMAGES – whether the primary judge erred in awarding damages for lost opportunity to sell a business at a higher price – where assumptions made in expert evidence in support not established – standard of proof required in establishing loss and quantum – application of the principle in Armory v Delamirie – parties fixed with the manner in which the case was conducted at trial – held no error by the primary judge.

COSTS – appeal as to costs apportionment order – no issue of principle – no error in the exercise of the primary judge’s discretion