CONTRACT - employment - restraint of trade - "directly or indirectly" - providing services through newly established company - company is "one-man band" with short history - overall context and evident purpose and object of "trade in competition" - phrase "indirectly" covers circumstances of defendant's close connection with new company
CONTRACT - employment - restraint of trade - legitimate interest - protection of confidential information - severance of connection between defendant and clients of plaintiff
CONFLICT OF LAWS - proper law of contract - closest and most real connection - place of formation of contract only one factor determining applicable system of law - location of head office of employer influential
STATUTORY INTERPRETATION - Competition and Consumer Act 2010 (Cth) - cartel provisions and restraints of trade - s 51(2)(b) exception - evident purpose to protect restraints on trade in employment contracts
Case Details
Citation[2012] NSWSC 1041
CourtNSWSC
JurisdictionNew South Wales
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