21 Nov 2012
RYAN & ANOR V MASON HC HAM CIV 2011-419-000083
- Citation
- openlaw-035aa011_e98d_4b4c_bb10_32521b36ad26.pdf
- Court
- High Court
The 22 July 2008 agreement was enforceable as a binding contract upon signature notwithstanding lack of formal delivery; however the five-year 20km geographical restraint was unreasonable and unenforceable and the five-year non-solicitation covenant was excessive and was judicially modified to a two-year duration under s8 Illegal Contracts Act 1970; there was insufficient evidence that the defendant solicited clients or breached fiduciary duties, so all plaintiffs' causes of action failed.