| Summary |
INJUNCTION – Applicant alleged respondent solicited business of three significant clients for his own company while still an employee – Respondent denied breaching obligations to applicant – Both parties gave undertaking as to damages – Respondent conceded arguable case – Submitted would be prevented from earning living if injunction granted, and failure to hold status quo ran risk of causing demise of his business – Appeared clients recently acquired by applicant, so any financial loss predominantly future loss – Any loss to applicant could be easily identified and damages would be sufficient remedy – Loss could be constrained by setting prompt fixture for substantive hearing – Balance of convenience favoured respondent – Respondent’s defence appeared relatively strong, while applicant’s affidavits indicated some inconsistencies – Overall justice favoured respondent – Application for interim relief declined – Parties directed to mediation |