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A company could potentially have avoided litigation if it had responded to a warning that its new employee was breaching his confidentiality and non-compete obligations to his former employer, a court has found.

Construction and mining specialist Marble Recruitment sought urgent restraints against a former senior recruitment consultant and his new employer, Fetch Recruitment, pending a determination on its claims that the consultant had breached his employment contract and improperly used its information.

Despite a delay in Marble applying for interlocutory relief after becoming aware of the consultant's potential breaches, Western Australian Supreme Court Justice Michael Lundberg found there were "serious questions to be tried" regarding several aspects of its claims...