| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 106/01 |
| Hearing date | 2 Aug 2001 |
| Determination date | 09 August 2001 |
| Member | A Dumbleton |
| Representation | F Wood ; S Williams |
| Location | Auckland |
| Parties | Claymark Industries Limited v Catt |
| Summary | INTERIM INJUNCTION - Restraint of trade - Could not work for business in direct competition with applicant for 12 months after termination - Serious question to be tried - Whether in direct competition - Arguable case - Threshold not high - Balance of convenience favoured respondent - Would be without pay - Length of delay - Availability of other remedies - Plaintiff gave undertaking as to damages for lost wages - Overall justice of the case favoured applicant - Reasonable fear that commercially sensitive and confidential information would be disclosed - Ordered to cease current employment - Ordered not to disclose confidential information - Ordered to comply with terms of restraint clause - Timber mill manager |
| Result | Orders accordingly ; Costs reserved |
| Cases Cited | Grey Advertising (New Zealand) Ltd v Marinkovich [1999] 2 ERNZ 844;Klissers Farmhouse Bakeries Ltd v Harvest Bakeries Ltd [1985] 2 NZLR 129 |
| Number of Pages | 5 |
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