Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Blue pencil / severance
  • 20 Dec 2010

    MIDLAND BUSINESS MANAGEMENT LTD AND ANOTHER v. LO MAN KUI

    Citation
    MIDLAND BUSINESS MANAGEMENT LTD AND ANOTHER v. LO MAN KUI
    Court
    Court of First Instance
    Case number
    HCA1599/2010

    The summons for interlocutory injunction was dismissed because the plaintiffs failed to demonstrate a good prospect of success: clause 11.3 is an unreasonable and overbroad non-competition going beyond protection of trade connections (and is diminished by existing non-solicitation clauses 11.4 and 11.5); clause 11.6 is an indiscriminate anti-poaching restraint not sufficiently limited or pleaded to protect a legitimate interest in staff stability; blue-pencil/severance could not cure these defects as proposed; accordingly injunctive relief was refused and costs were ordered nisi for the defen…