New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Restraint of trade


       

  1. 21/12/2011
    Restraint of trade: Restrictive covenants; meaning of "proprietary" interest; whether there was a legitimate proprietary or commercial interest; whether goodwill held by each party has to be in the same industry to be protected. Restrictive covenants; whether a covenant is reasonable reasonableness judged at date of creation but may include contemplated expansion; reasonableness depends on facts in each case; covenant in this case imposed usual minimum restriction of one year, three kilometres; legitimate interest found therefore, prima facie, it can be protected; minimum restriction allowed
    Sidameneo (No 456) Pty Ltd v Alexander  [2011] NSWCA 418