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Executive Summary (One Minute Read)
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| 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.
CFC
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