Jazzercise refused injunction

Press, 23 September 1983, Page 7

Jazzercise refused injunction

Jazzercise Fitness Centres, Ltd, was refused an interim injunction by Mr Justice Holland in the High Court yesterday to stop a former instructor employed and trained by the company from working for a rival organisation. Leslie Roy Mills, a former Olympic and Commonwealth Games shotput and discus representative, who is a director of Jazzercise, alleged that Dallas Joy Beckett, an actress, had breached the restraint of trade provision in her contract when she joined Skateworld Sports Centre, Ltd, in Papanui. The contract signed by Miss Beckett prevented her from setting up in competition with Jazzercise within 12 months of leaving the company, Mr Mills said.

Mr T. M. Gault, of Wellington, appeared for Jazzercise, and Mr E. D. Wylie appeared for Miss Beckett, who opposed the application for the interim injunction. In his oral judgment Mr Justice Holland said that Jazzercise Fitness Centres, Ltd, was a company relatively recently formed in Auckland which described its business as exercises to music.

It commenced an action against Dallas Beckett in which it sought an injunction to restrict her from either taking part in managing, or being employed by Skateworld Sports Centre, Ltd, in the provision of fitness exercises to music, until January 31, 1984. The company also sought damages for breach of contract.

Miss Beckett had signed a contract with Jazzercise in May, 1981, which prevented her from using Jazzercise routines or techniques for 12 months after the termination of her employment. In this application for an interim injunction Jazzercise had not persuaded him that there was some asset inherent in the business which could be regarded as b elonging to Jazzercise rather than Miss Beckett.

The contract was very one-sided. Miss Beckett was bound to provide instruction for the clients of Jazzercise but the company had no obligation to provide her with work. Jazzercise had failed to satisfy him that there was justification for an interim injunction to be granted.