Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Enforceability of restrictive covenant
  • 12 Nov 1999

    TRADING CONSULTANTS LTD. v. JOHN STEWART SLOAN

    Citation
    TRADING CONSULTANTS LTD. v. JOHN STEWART SLOAN
    Court
    Court of First Instance
    Case number
    HCA17150/1999

    There is a serious question to be tried as to the overall enforceability of the 12‑month restrictive covenant so a full injunction would be inappropriate; however, on undisputed admission that the defendant solicited and obtained business from the plaintiff's former clients, the court will grant an interim partial injunction restraining the defendant from acting or carrying on business on behalf of the plaintiff's former customers until trial or until 15 March 2000, as solicitation of former clients breached fiduciary duty.