29 Feb 2012
CANTOR FITZGERALD (HONG KONG) CAPITAL MARKETS LTD v. BRETT MCGONEGAL
- Citation
- CANTOR FITZGERALD (HONG KONG) CAPITAL MARKETS LTD v. BRETT MCGONEGAL
- Court
- Court of First Instance
- Case number
- HCA42/2012
The Court found on the evidence the defendants acted independently and not in concert and that the plaintiffs failed to prove breaches of fiduciary duties or conspiracy. Ambiguous reporting and non-compete clauses were construed against the plaintiffs and many restrictive covenants were held unenforceable as too wide or unsupported by evidence. Mandatory provisions of the Employment Ordinance applied to notice and payment in lieu, overriding contracted foreign choice of law for employees engaged in Hong Kong; as a result Boyer’s employment terminated on 30 May 2011 (payment in lieu), Ainslie…