LIQUID ASSETS LTD v. GIAN ANDREA PESCI AND OTHERS

LIQUID ASSETS LTD v. GIAN ANDREA PESCI AND OTHERS

The court found the six-month non-competition and non-solicitation clauses were not unreasonable given the employment contract in conjunction with the business purchase agreement; therefore an interim injunction was necessary to restrain the 1st and 2nd defendants from participating in the June 2011 Italian Wine...

Source-derived case information.

Citation
LIQUID ASSETS LTD v. GIAN ANDREA PESCI AND OTHERS
Parties
Plaintiff: Liquid Assets Limited; 1st Defendant: Gian Andrea Pesci; 2nd Defendant: Good Asia Corporation Ltd; 3rd Defendant: Casamia International Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 August 2011
Case Number
HCA871/2011
Procedural Posture
Action No 871 of 2011 Interim Injunction (restraint of Trade) / Interlocutory Hearing Injunction (costs Reserved)
Outcome
Interim injunction upheld/granted; plaintiff awarded costs of the injunction proceedings.
Legal Topics
Non Compete Clause, Non Solicitation Clause, Reasonableness of Restraints, Interim Injunction, Costs
Source Language
en
Contract Law Employment Law Restraint of Trade Equity (interim Injunctions) Non Compete Clause Non Solicitation Clause Reasonableness of Restraints Interim Injunction +1 more

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Parties

Liquid Assets Limited

Plaintiff

Gian Andrea Pesci

1st Defendant

Good Asia Corporation Ltd

2nd Defendant

Casamia International Ltd

3rd Defendant

Procedural Posture

Action No 871 of 2011 Interim Injunction (restraint of Trade) / Interlocutory Hearing Injunction (costs Reserved)

Legal Issues

  1. 1 Whether the non-competition and non-solicitation clauses in the employment contract are enforceable
  2. 2 Whether the defendant breached those clauses by participating in events or selling to customers within the six-month restraint period
  3. 3 Whether an interim injunction is necessary to restrain the defendants pending determination

Ratio Decidendi

The court found the six-month non-competition and non-solicitation clauses were not unreasonable given the employment contract in conjunction with the business purchase agreement; therefore an interim injunction was necessary to restrain the 1st and 2nd defendants from participating in the June 2011 Italian Wine Festival, and the plaintiff was entitled to costs of the injunction proceedings.

Court Disposition

Interim injunction upheld/granted; plaintiff awarded costs of the injunction proceedings.

Orders

  • Interim injunction enforced to restrain 1st and 2nd defendants from participating in the June 2011 Italian Wine Festival and from actions breaching the six-month non-competition and non-solicitation clauses.
  • Plaintiff awarded costs of the injunction proceedings.