CONTRACT - Restrictive covenant - Breach - Whether enforceable - Whether the restraint was reasonable at the time the contract was entered into - Covenant cannot be read down - Unreasonable restraint of trade.
EMPLOYMENT LAW - Novation of contract of employment - Employee post-employment restriction - Employee bound by a twelve month restraint of trade term against poaching employees of his former employer - Post-contractual restraint not a "condition of employment".
TRADE AND COMMERCE - Where plaintiff seeks to enforce a restraint of trade provision in an employment contract - Whether employer has a legitimate interest in being protected against his employees or contractors being enticed to work for the former employee - Whether the restraint goes no further than is reasonably necessary to protect the employer's legitimate interest - Held to be an invalid restraint of trade.
Acts Cited:
Case Details
Citation[2005] NSWSC 285
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 18 later cases that cite this judgment.
3 of the 18 citing cases carry a classified treatment. How each court treated it is available to signed-in members.
