The Case

United Petroleum Pty Ltd v Barrie (2022)

United Petroleum Pty Ltd, a wholesale and retail fuel supplier, employed Mr Barrie as its Business Development Manager.

Mr Barrie’s employment contained a post-employment restraint that prevented Mr Barrie from:

• being “engaged, involved or materially interested in any activity for or on behalf of a business, firm or undertaking of substantially the same kind as [he] performed during [his] employment with [United Petroleum] in which use or disclosure of confidential information may be useful or advantageous to the business, firm, undertaking or to [him]”; and
• carrying “on, [advising], [providing] services to or [being] engaged, concerned or interested in or associated with or otherwise involved in any business activity that is competitive with any business carried on by United Petroleum”.