The case of Timberwolf Planting Pty Ltd v Forrester [2024] QSC 254 in the Supreme Court of Queensland dealt with a dispute centred around breach of contract and alleged misconduct by former employees of Timberwolf Planting Pty Ltd. The company claimed that Andrew Forrester and Robyn Kelly breached restraint of trade clauses after leaving their employment to start a competing business, Dirty Planting Pty Ltd. The primary legal questions involved the enforceability and reasonableness of the restraint clauses, the alleged breach, and the damages incurred by the plaintiff. As the proceedings unfolded, the litigation was marked by disputes over disclosure and delays, eventually leading Timberwolf to discontinue the case. The court awarded costs to the defendants, with Timberwolf required to pay standard costs up to the date of discontinuance. The court also considered the shifting responsibilities within the legal procedure and the reasonableness of settlement offers made by Timberwolf as the litigation progressed.
Full text: https://www.sclqld.org.au/caselaw/149933