NP GENERATIONS P/L V FENELEY  SASC 240
Supreme Court of South Australia – 19 July 2000
NP was a real estate agent and a rental property manager. Feneley was employed by NP as the manager of its rental property business. Feneley kept a diary and an address book that contained details of NP’s clients. Feneley decided to resign from her position when her relationship with her employers was deteriorating but before she could do so, her employment was terminated.
After the termination Feneley called NP’s clients to inform them that she was no longer employed with NP and that she would no longer be handling their properties. Eight of the owners whom she had contacted terminated their arrangement with NP and established arrangements with Feneley when she joined her partner who operated a real estate business.
Was Feneley acting in breach of her employment duties given that there were no written employment contract between the parties?
Could the court grant an injunction against Feneley to stop her using NP’s confidential information?