7 Oct 2019
MAINLAND DIGITAL MARKETING LIMITED v WILLETTS [2019] NZHC 2542
- Citation
- [2019] NZHC 2542
- Court
- High Court
Clause 38.2 does not cover the defendants' employment because its drafting contemplates participation in or leading a competing business (owners, partners, directors, investors) and omits 'employee'; however Appendix 1 is a non-solicitation restraint that prohibits soliciting business dealings in the same type of business and, on the facts (promotion by Bayleys to its agents and a direct LinkedIn solicitation), the defendants breached Appendix 1; enforceability of the restraint (legitimate proprietary interest and reasonableness) is reserved for further hearing.