SEQUEL TO SALE

Auckland Star, Volume LXXV, Issue 245, 16 October 1944, Page 6

SEQUEL TO SALE

BUSINESS COVENANT

BUTCHERS AT VARIANCE

Unusual circumstances were revealed in an application to Mr. Justice Fair to-day by Lionel William Mills, master butcher, 322, Karangahape Road (Mr. Duggan) for an injunction to restrain Ljubo Antonievich (Mr. M. Reed) from operating as an employee or otherwise in Macsim Meat Centre, 85, Karangahape Road owned by Frank Briess. Affidavits set out that Antonievich had sold his butchery business at 322, Karangahape Road, in July last year to Mills, and agreed not to operate in a similar business within a radius of 10 miles for a period of five years, and that he was now employed as manager for Frank Briess in a butcher's shop in Karangahape Road in breach of the agreement. Plaintiff claimed £200 damages. Defendant claimed that the agreement was an unnecessary restraint of his employment and against public policy, and also that he was discharged from the agreement by reason of having been directed to his present employment under the manpower regulations. . ":--■':-.

Mr. Duggan said that it was necessary to a full hearing of the case that the manpower report on the direction of defendant should be perused, and as the report was confidential it could not be disclosed without an order of the Court.

After having heard both counsel on the point, his Honor made an order that the manpower report be made available to counsel concerned on their undertaking not to disclose matters irrelevant to the case. He adjourned the hearing till Thursday next, pending perusal of the report.