7 Mar 2013
HEALTH CLUB BRANDS LIMITED V COLVEN BOTANY LIMITED HC AK CIV-2013-404-845
- Citation
- openlaw-2adb0a53_1141_46cb_9b62_8ea3acc33313.pdf
- Court
- High Court
There was a serious question to be tried that the franchise agreements contained enforceable post-termination restraints preventing the defendants from operating a health and fitness business from the three premises and that, in respect of Three Kings, a five‑kilometre restraint was arguable; the defendants' asserted breaches did not sufficiently justify termination on the material before the Court; on the balance of convenience the Court granted interim injunctions restraining the defendants from trading from the premises (and within five kilometres of Three Kings) until further order and re…