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Fenerty v Max Tarr Industrial Ltd
7 May 2007, D Asher, WA 71/07, (7 pages)
RESTRAINT OF TRADE - Applicant sought declaration restraint of trade not part of employment agreement - Alternatively, declaration clause void and unenforceable - When applicant gave notice, respondent pointed out restraint that applied to significant or regular clients - Applicant checked his copy of employment agreement and found relevant page unreadable due to photocopy misfeed - No issues arose in respect of defective page as applicant accepted read and signed clear copy of agreement - New employer within scope of clause - No evidence applicant used position with respondent to undermine its relationship or good will with new employer - Applicant not respondent's exclusive representative for new employer and relationship of limited duration - Unlimited geography of restraint could be ignored as location unchanged - 12 month duration excessive - Applicant not specialist and employed under generic employment agreement - Duration amended to three months - Applicant not to undertake duties for new employer that he performed for respondent for three months from date commenced new employment - Industrial tradesman
Result: Orders accordingly ; Costs reserved
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