| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 58/01 |
| Determination date | 25 May 2001 |
| Member | R A Monaghan |
| Representation | M Hammond ; B Henry |
| Location | Auckland |
| Parties | James & Wells v Sims |
| Other Parties | Harding |
| Summary | INTERIM INJUNCTION - Restraint of trade clause - Respondents resigned - Clause applied following termination by the employer" - Whether serious question to be tried - Balance of convenience - Discretionary nature of the remedy - Arguable case that clause remained in force after contract expiry date - No serious question as to whether clause applied on its face - Patent attorneys" |
| Result | Application dismissed ; Costs to lie where they fall |
| Cases Cited | American Cyanamid Co v Ethicon Ltd [1975] All ER 504;Eng Mee Yong v Letchumanan [1980] AC 331;Klissers Farmhouse Bakeries Ltd v Harvest Bakeries Ltd [1985] 2 NZLR 129 |
| Number of Pages | 5 |
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