In the case of Aspire Contracting Pty Ltd v Epic Stays Pty Ltd [2024] QSC 284, the Supreme Court of Queensland addressed a legal dispute over a non-disparagement clause. Aspire Contracting, operating as Fergusons Plumbing Group, sought an interlocutory injunction against Epic Stays. The dispute arose after Fergusons provided a plumbing quote to Epic, following which Epic's representative, Mr. Watson-Brown, posted negative reviews online, despite allegedly signing a clause to waive the call-out fee under the condition of non-disparagement. The court examined whether the clause was unfair under the Australian Consumer Law. Epic argued that the clause was void and the case brought against them lacked a strong foundation. The court ultimately decided to grant the interlocutory injunction, mandating Epic to remove the online posts until trial or further order.
Full text: https://www.sclqld.org.au/caselaw/150695