| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 156/07 |
| Hearing date | 18 Dec 2007 |
| Determination date | 18 December 2007 |
| Member | P Cheyne |
| Representation | P Anderson ; K Bolton (Respondent in person) |
| Location | Dunedin |
| Parties | Ryan Security and Consulting (Otago) Ltd v Bolton |
| Summary | INTERIM INJUNCTION - Restraint of trade - Applicant sought injunction to prevent breach of contractual obligations - Matter dealt with under urgency - Applicant had strongly arguable case respondent breached employment agreement by providing services of type provided by it - Restraint applied for six months - While specified area recorded as whole country, effectively only covered one region as only area applicant had clients - Strong argument clause reasonable and valid - Also arguable breach of confidentiality clause - Balance of convenience favoured applicant as loss of significant clients threatened viability - Interim injunction issued requiring applicant to comply with restraint of trade and confidentially clauses - Parties directed to mediation - Security operations manager |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Main Category | Injunction |
| Cases Cited | Fuel Espresso Ltd v Hsieh [2007] 2 NZLR 651 ; [2007] ERNZ 60 |
| Number of Pages | 7 |
| PDF File Link: | ca 156_07.pdf [pdf 28 KB] |