Event and Time
Event Description
The case involves a dispute between two real estate agencies, Devine Concord and Devine Real Estate Drummoyne, concerning a breach of confidentiality, restraint of trade, and the obligations under the shareholders' agreement and employment contract related to the sale of business assets.
Application and Claims
- Appellants: Devine Concord (First Appellant) and Devine Real Estate Drummoyne (Second Appellant).
- Respondents: Roger Agha (Former employee & shareholder).
- The appeal addressed claims related to:
- Breach of confidentiality obligations outlined in both the employment and shareholders' agreements. - Restraint of trade provisions prohibiting competition and solicitation of clients/employees of Devine Concord.
Judicial Decisions
- The court partially allowed the appeal of the first appellant and fully allowed the appeal of the second appellant.
- Orders made on 4 December 2019 regarding the case were set aside.
- Costs were allocated as follows:
- Respondents to pay the second appellant’s costs concerning only its claims. - The first appellant to pay costs relating to the respondents’ appeal.
Dispute Points and Legal Basis
Dispute Points
- Claims by Appellants:
- Agha violated confidentiality by using confidential information gained while employed at Devine Concord. - Agha engaged in activities that breached the restraint of trade agreement concerning solicitation of the company's clients.
- Arguments by Respondents:
- Agha claimed that the information he used was already in the public domain and did not qualify as confidential. - Claimed that the restraint provisions in the contracts were overly broad and therefore unenforceable.