| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 334/03 |
| Hearing date | 16 Oct 2003 - 20 Oct 2003 (2 days) |
| Determination date | 05 November 2003 |
| Member | A Dumbleton |
| Representation | R Latton ; C Patterson |
| Location | Auckland |
| Parties | Pacific Delight Ltd v Lin |
| Summary | INTERIM INJUNCTION - Urgent application for ex parte interim injunction - Respondent's position gave full access to applicant's databases - Respondent resigned to complete further studies - Applicant obtained information which showed respondent set up competing travel agency - Alleged retained and used confidential information - Alleged solicited applicant's employee to company related to respondent - Alleged solicited clients - Alleged unauthorised access to applicant's computer - Satisfied evidence provisionally established breach of contract - Arguable case - Balance of convenience favoured making orders - Overall justice favoured issue of injunctions - High Court granted injunctions and Anton Piller orders - Authority justified in also granting orders - Conditional variation to order made to exclude particular customer from restrictions - Undertaking as to damages given - Directed to mediation - Inbound operations manager |
| Result | Injunction granted ; Directed to mediation ; Costs reserved |
| Statutes | ERA s159(1);Fair Trading Act 1986 |
| Number of Pages | 4 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |