23 Aug 1994
KAO, LEE & YIP v. DONALD KOO HOI YAN and Others
- Citation
- KAO, LEE & YIP v. DONALD KOO HOI YAN and Others
- Court
- Court of Appeal
- Case number
- CACV20/1994
The court held both restraints unenforceable: the employee restraint was contrary to public interest because it prevented former employees working for a former partner in any circumstances; the client restraint was unenforceable as to the equity partners because it was wider than reasonably necessary (5 years, world-wide) and the equity partners were in a subordinate position without capital/goodwill entitlement so mutuality was insufficient to justify such restraint; therefore the respondents succeeded on the validity issue.