NSW Caselaw
New South Wales Court of Appeal
CITATION: Hanna v OAMPS Insurance Brokers Ltd (ACN 005 543 920) [2010] NSWCA 267 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 5 October 2010
JUDGMENT DATE: 19 October 2010
JUDGMENT OF: Allsop P at 1; Hodgson JA at 51; Handley AJA at 52
DECISION: Appeal dismissed with costs.
CATCHWORDS: EMPLOYMENT LAW – post-employment restraint deed – cascading clause not void for uncertainty – individual covenants all capable of being understood and complied with without breach of any other – no requirement for mechanism of order of operation - EMPLOYMENT LAW – restraint covenant – whether provisions amounting to repetitive and overlapping restraints were against public policy under the Restraints of Trade Act 1976 (NSW), s 4(1) - EMPLOYMENT LAW – restraint covenant – reasonableness of restraint period – no legally required test – the use of one test or another depends on the facts and evaluation of the approach that is reasonable
LEGISLATION CITED: Restraints of Trade Act 1976 (NSW) s 4(1)
CATEGORY: Principal judgment
Austra Tanks Pty Limited v Running [1982] 2 NSWLR 840 Brendon Pty Limited v Russell (1994) 11 WAR 280 Davies v Davies (1887) 36 Ch D 359 Extraman (NT) Pty Limited v Blenkinship [2008] NTSC 31; 23 NTLR 77 Hydron Pty Limited v Harous [2005] SASC 176 J.Q.A.T Pty Limited v Storm [1987] 2 Qd R 162 Koops Martin v Dean Reeves [2006] NSWSC 449 Lloyd's Ships Holdings Pty Limited v Davros Pty Limited [1987] FCA 70; 17 FCR 505 CASES CITED: Miles v Genesys Wealth Advisers Ltd [2009] NSWCA 25 Northern Tablelands Insurance Brokers Pty Limited v Howell [2009] NSWSC 426; 184 1R 307 OAMPS Insurance Brokers Ltd v Hanna [2010] NSWSC 781 Run Corp Ltd v McGrath Ltd [2007] FCA 1669; (2007) ATPR 42-198 Schindler Lifts Australia Pty Limited v Debelak [1989] FCA 311; 89 ALR 275 Sear v Invocare Australia Pty Limited [2007] WASC 30; (2007) ATPR 42-149 Stacks Taree v Marshall [No 2] [2010] NSWSC 77 Stenhouse Australia Ltd v Phillips [1974] AC 391 Tyser Reinsurance Brokers Pty Limited v Cooper [1998] NSWSC 689
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