New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Non-solicitation covenant

Legal area

Court

5 Jun 2020

HAVEN INSURANCE LTD v HEINRICH LOMBARD [2020] NZHC 1248

Citation

[2020] NZHC 1248
Court

High Court

Court found ASJ (the company) was contracted on Haven's adviser terms; Mr Brown was not a signatory and therefore not personally bound as guarantor. The Court found Mr Brown, JMC, Mr Miller and Mr Carr misused Haven's confidential client information post-termination and solicited clients, causing cancellations and loss of trail commissions. Remedies granted: permanent injunctions, return of confidential material, damages for loss of trail commission where assessed, orders for exemplary damages and orders for accounting of profits against JMC (or alternatively judgment for specified sums) and…
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.