CORDIAL BUSINESS

Evening Post, Volume CX, Issue 147, 19 December 1930, Page 3

CORDIAL BUSINESS

INJUNCTION GEA-IMED

An action claiming an injunction against Henry Bigham, cordial, brewer, of.. Wellington, was brought by; Simmonds and Osborne, Ltd., in the Supreme Court Oil' Tuesday, before M!r.: Justice Ostler. ■ Mr. A. M. Cousins -. appeared - for - th« plaintiff, and Mr. C. A. L. Treadwell for the defendant. .' "■■'-.■■ ;. . The plaintiff is -a company carrying on business in Wellington as brewers, manufacturers, and vendors of non-alco-holic beverages. The statement of claim set out that the .business was purchased by the plaintiff company from a partnership firm, of which the defendant was a member, on 29th August, 1929. In. the agreement of sale, it was provided that the defendant should not for-' • a period of tori'years carry on or be'engaged in or connected with any similar business within ten miles of the city of Wellington without-.- the company's coj> sent. It was alleged that the defendant was now employed by a."firm known .!as the Star Aerated. Water Company, carrying oii a similar*''business" at"- Petone. '• ' The plaintiff company accordingly claimed an injunction' restraining the defendant from being engaged in the lastTnamed business. The defendant pleaded" in his statement of-.defence,-first,-that-the covenant was void as being in restraint of trade, and, secondly, .that the .terms.. ojE the covenant were intended to apply only .in the event of his entering into business on his own account,, and did not prevent him acting as .'employee of^a firm carrying on -a similar :bus'mess'r '" " " '■ After hearii.g legal argument, his Honour reserved hit, decision. .;' ':