| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 67/08 |
| Hearing date | 29 Apr 2008 |
| Determination date | 19 May 2008 |
| Member | P R Stapp |
| Representation | D Burton, R Burt ; A Knowsley, J Graham |
| Location | Wellington |
| Parties | 24 Carrot Ltd v Ye-Qing and Anor |
| Other Parties | Capital Produce Ltd |
| Summary | BREACH OF CONTRACT - RESTRAINT OF TRADE - Applicant alleged first respondent breached restrictive and confidentiality clauses in employment agreement - No evidence first respondent accepted terms of agreement relating to confidentially and restraint of trade - Applicant also claimed first respondent contacted its clients and used confidential information to entice them, aided and abetted by second respondent - First respondent had not approached applicant’s clients - No proof respondents had applicant’s information and therefore no breach of confidentiality - Evidence fell short of establishing breach of previous Authority orders - Orders from previous determination lifted - Undertaking from second respondent it would not use confidential information from applicant if it came into possession of it |
| Result | Application dismissed ; Orders accordingly ; Costs reserved |
| Main Category | Breach of Contract |
| Cases Cited | 24 Carrot Ltd v Ye-Qing and Anor unreported, P R Stapp, 19 April 2008, WA 46/08 |
| Number of Pages | 13 |
| PDF File Link: | wa 67_08.pdf [pdf 53 KB] |