HRX Holdings Pty Ltd v Pearson [2012] FCA 161

 

The Federal Court has released their decision in HRX Holdings Pty Ltd v Pearson [2012] FCA 161 (1 March 2012).

In a case dealing with restraint of trade, the key questions considered were:

-          Whether the scope and duration of restraint was reasonable

-          Specific consideration given during the restraint period

-          Whether the Restraints of Trade Act 1976 (NSW) is inconsistent with the Fair Work Act 2009 (Cth)

The order made by the court was to uphold the restraint of trade and held that the defendant should be further restrained until the 28 November 2013.

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