| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 351/02 |
| Hearing date | 5 Dec 2002 |
| Determination date | 05 December 2002 |
| Member | D King |
| Representation | C Wright ; K Flavell |
| Location | Auckland |
| Parties | Expo Digital Document Centres Ltd v Fester |
| Summary | INTERIM INJUNCTION - Application for interim orders restraining respondent from competing with applicant or using applicant's confidential information - Whether restraint of trade and confidentiality clauses in Schedule to employment contract binding on respondent - Not given schedule before signing contract - Serious issue to be tried - Applicant had strong case - Damages inadequate remedy - Balance of convenience favoured applicant - Respondent accepted reasonableness of restraint clause - No prejudice to respondent by abiding by confidentiality clause - Interim orders in favour of applicant |
| Result | Application granted ; Iterim injunction granted ; Orders accordingly ; Costs reserved |
| Cases Cited | American Cyanamid Co v Ethicon Ltd [1975] 1 All ER 504;Baker v Armourguard Security Ltd [1998] 1 ERNZ 424 |
| Number of Pages | 2 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |