Pearson v HRX Holdings Pty Ltd
| Jurisdiction | Australia Federal only |
| Neutral Citation | 2012-0817 FCA A,[2012] FCAFC 111 |
| Year | 2012 |
| Court | Full Federal Court (Australia) |
| Date | 2012 |
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12 cases
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Avant Group Pty Ltd v Kiddle
...[1991] IRLR 214 Orleans Investments Pty Ltd v MindShare Communications Ltd [2009] NSWCA 40; 254 ALR 81 Pearson v HRX Holdings Pty Ltd [2012] FCAFC 111; 205 FCR 187 Pioneer Concrete Services Ltd v Galli [1985] VR 675 Redland Bricks Ltd v Morris [1970] AC 652 Reed Business Information v Seymo......
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Luvalot Clothing Pty Ltd v Dong
...which will preserve the validity of the contract is to be preferred to one which will make it void: Pearson v HRX Holdings Pty Ltd [2012] FCAFC 111; 205 FCR 187, 160 To uphold the restraint clause, it is not enough for Luvalot to point to clauses in her contract of employment concerning the......
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Findex Group Limited v McKay
...Foods Company Importers and Distributors Pty Ltd v Australia and New Zealand Banking (2000) 170 ALR 579 Pearson v HRX Holdings Pty Ltd [2012] FCAFC 111 Qube Ports Pty Ltd v Maritime Union of Australia [2018] FCAFC 72 Rentokil Pty Ltd v Lee (1995) 66 SASR 301 Sandoz Pty Ltd v H. Lundbeck A/S......
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Dreamstreet Lending Pty Ltd v Weiss (No 2)
...which will preserve the validity of the contract is to be preferred to one which will make it void: Pearson v HRX Holdings Pty Ltd [2012] FCAFC 111; 205 FCR 187, [45]. 144 The approach to construction outlined above does, however, have its limits. The court cannot, in effect, rewrite the pa......
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4 firm's commentaries
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Restraint of Trade Clauses - Pushing the limits?
...advice and a balanced approach, strict restraints can successfully be imposed. Footnotes 1Pearson v HRX Holdings Pty Ltd & Anor [2012] FCAFC 111, delivered 17 August 2Mr Pearson's legal advice was that the proposed restraint period of two years was "excessive and likely to be unenforcea......
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Full Federal Court enforces two year global non-compete restraint
...of a two-year global non-compete post-employment restraint, has demonstrated the error in this approach (Pearson v HRX Holdings Pty Ltd [2012] FCAFC 111 – Clayton Utz acted for the successful HRX is a human resources outsourcing company. Brent Pearsonwas a director of the company. In Februa......
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Post-employment, non-compete clauses viewed favourably by courts
...to attract clients to enforce a three year non-compete clause. In the Federal Court proceedings of Pearson v HRX Holdings Pty Ltd [2012] FCAFC 111, a former director agreed to a clause which prohibited him from accepting employment with a business 'similar to or competitive with' his employ......
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Post-employment non-solicitation restraints: When does solicitation occur?
...interest. Notably, where there have been strong connections between its clients and a former employee. Pearson v HRX Holdings Pty Ltd [2012] FCAFC 111 dealt with such facts. In this case the employee, Mr Pearson, held a unique position in a firm, fostering the relationships between the clie......
1 books & journal articles
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What/whose knowledge? Restraints of trade and concepts of knowledge.
...1175 (2 October 2012) Wilson HTM Investment Group Ltd v Pagliaro [2012] NSWSC 1068 (10 September 2012) Pearson v HRX Holdings Pty Ltd [2012] FCAFC 111 (17 August 2012) Birdanco Nominees Pty Ltd v Money [2012] VSCA 64 (4 April 2012) Wallis Nominees (Computing) Pty Ltd v Pickett [2012] VSC 82......