Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
HRX Holdings Pty Ltd v Pearson [2012] FCA 161 Citation: HRX Holdings Pty Ltd v Pearson [2012] FCA 161
Parties: HRX HOLDINGS PTY LTD (ACN 112 365 447) v BRENT PEARSON
File number: NSD 2312 of 2011
Judge: BUCHANAN J
Date of judgment: 1 March 2012
Corrigendum: 13 April 2012
Catchwords: CONTRACTS – restraint of trade – reasonableness of scope and duration of restraint – relevant factors when considering reasonableness – payment during restraint period – specific consideration given for restraint period – negotiations regarding the scope and duration of restraint – provision of legal advice CONSTITUTIONAL LAW – section 109 inconsistency – whether Restraints of Trade Act 1976 (NSW) is inconsistent with the Fair Work Act 2009 (Cth)
Words & phrases: "similar to or competitive with"
Legislation: Commonwealth of Australia Constitution Act 1900 (Cth) Fair Work Act 2009 (Cth) Judiciary Act 1903 (Cth) Restraints of Trade Act 1976 (NSW)
Cases cited: Bitannia Pty Ltd v Parkline Constructions Pty Ltd (2006) 67 NSWLR 9 Cactus Imaging Pty Ltd v Peters (2006) 71 NSWLR 9 Orton v Melman [1981] 1 NSWLR 583 Toll (FGCT) Pty Limited v Alphapharm Pty Limited (2004) 219 CLR 165
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