Daily Construction: Wednesday, 27 May 2015 View in browser

A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Daily Construction

Executive Summary (One Minute Read)
CFC Consolidated Pty Ltd v Cooper (WASC) - contract - restraint of trade - search order refused
Summaries With Link (Five Minute Read)
CFC Consolidated Pty Ltd v Cooper [2015] WASC 185
Supreme Court of Western Australia
Mitchell J
Contract - restraint of trade - claim arising out of termination of employment contract between plaintiff and defendant - plaintiff claimed defendant breached restraint of trade provision of contract - plaintiff sought search orders under O52B Rules of the Supreme Court 1971 enabling search of defendant’s residence for documents - held: Court not satisfied there was a strong prima facie case that defendant had breached restraint of trade clause in employment contract or that plaintiff would suffer serious loss or damage if search order not made - Court not satisfied there was real possibility defendant might destroy important evidentiary material - Court not prepared to make search order - alternative injunctive relief granted.