LIR Australia v Gunst [2001] NSWSC 467

LIR Australia v Gunst [2001] NSWSC 467

The employer's contentions regarding its right to waive the non-competition clause are arguable and not plainly without merit; therefore, the Master's decision to set aside the statutory demand should be upheld and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
04 June 2001
Procedural Posture
Appeal From Master / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['statutory Demand' 'non Competition Clause' 'waiver of Contractual Rights']
['corporations Law' 'contract Law'] ['statutory Demand' 'non Competition Clause' 'waiver of Contractual Rights']

Case Brief

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Procedural Posture

Appeal From Master / Judgment

Legal Issues

  1. 1 ["Whether the employer had the right to waive the entitlement under a non-competition clause, thus affecting employee's rights to payment" 'Whether waiver is permissible where the covenant is primarily but not solely for the benefit of the person waiving' 'Whether waiver applies in executed contracts or only in executory contracts']

Ratio Decidendi

The employer's contentions regarding its right to waive the non-competition clause are arguable and not plainly without merit; therefore, the Master's decision to set aside the statutory demand should be upheld and the appeal dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Order that the appeal be dismissed with costs']