5 Jan 2009
HUMMINGBIRD MUSIC LTD v. DINO ACCONCI AND ANOTHER
- Citation
- HUMMINGBIRD MUSIC LTD v. DINO ACCONCI AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV40/2009
The Court held the Agreements were not in restraint of trade because they were part of a joint venture and contained ordinary commercial restraints incidental to promoting the defendants during the contract; there was no evidence of undue influence or duress in signing the Second Agreements, no repudiatory breach or misappropriation by the plaintiff, and the pleadings on restraint of trade were defective; appeal dismissed and judgment below affirmed.