Orica Investments Pty Ltd and 2 Ors v William McCartney and 3 Ors

[2007] NSWSC 645

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Contracts
2. › Construction and interpretation of contracts
3. › Prohibition in share sale agreement against enticing away from first plaintiff any customer, supplier or employee of “Restricted Business”
4. › Held that first defendant breached share sale agreement by enticing supplier and certain employees away from first plaintiff.
1. Contracts
2. › Obligation of confidentiality
3. › Obligation breached by first defendant by disclosure of contact details of supplier to second defendant.
1. Equity
2. › Equitable remedies
3. › Injunctions
4. › Injunction to restrain continued breaches of contract.
1. Equity
2. › Confidential information
3. › Where second defendant in possession of second plaintiff’s confidential pricing information
4. › Where evidence of misuse of certain confidential information but not other information
5. › Injunction to restrain misuse of such information.