Restraint of Trade in an employment contract – Interlocutory injuction

Infinity Gym Sports & Health Pty Limited v Ageev [2019] NSWSC 1505
Supreme Court of New South Wales
Ball J
An injunction was granted in this case where the Court was satisfied to uphold the restraint of trade clause in an Employment contract in narrower terms than was initially sought.  The plaintiff sought an interlocutory injunction to restrain the defendant for company ‘in breach of post-contractual restraints’ in employment contract between parties.  It was to decide whether there was a prima facie case of entitlement to ‘injunction on a final basis’ on terms sought by plaintiff.  The Court considered the strength of the case, convenience questions of hardship and delay in making the application.