14 Nov 2008
IBM CHINA/ HONG KONG LTD v. NIGEL JOHN KNIGHT
- Citation
- IBM CHINA/ HONG KONG LTD v. NIGEL JOHN KNIGHT
- Court
- Court of First Instance
- Case number
- HCA1806/2008
The defendant was in substance an employee for purposes of these restraints so employer-employee restraint principles apply; the qualifications in the Employment Agreement and Redemption Agreement (capacity, territories, restricted period) qualify both limbs of the non-association and non-competition clauses; the Special Payment Agreement as drafted was overly broad and must be modified to a one-year prohibition on involvement with any company undertaking consultancy business with the plaintiff or IBM GBS limited to the Greater China region; on that basis the existing interim injunction, whic…