| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 200/03 |
| Hearing date | 18 Jun 2003 |
| Determination date | 01 July 2003 |
| Member | D King |
| Representation | R France ; M Black |
| Location | Auckland |
| Parties | Serviceworks Ltd v Paddon |
| Summary | RESTRAINT OF TRADE - Compliance sought with restraint of trade clause - Restraint clauses not to be wider than reasonably required by circumstances - Area of restraint was reasonable - No explanation for 6 month period - Nature of restraint too broad - Restrained from involvement in any business in competition with applicant - Applicant involved in range of activities - Question over lack of consideration - Clause unreasonable and unenforceable |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Bates v Gates (1986) 1 NZELC 95, 269;Nordenfelt v Maxim Nordenfelt Guns & Ammunition Co Ltd [1894] AC 535;Radio Horowhenua Ltd v Bradley [1993] 2 ERNZ 1085 |
| Number of Pages | 3 |
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