Mr Wolff was employed by our client, Zerolight as a Technical Sales Director. He resigned to join a company that Zerolight understood to be developing a product to rival their main product. His contract contained a post termination restriction which prevented him, for 6 months from the termination date, from joining a business where he would be required to use Zerolight’s confidential information.

Zerolight applied for an interim injunction to hold Mr Wolff to his post termination restrictions.

The judge found that there was a serious issue to be tried, including whether adequate consideration was given to Mr Wolff at the time the restriction was entered into. Mr Wolff conceded that damages would be an inadequate remedy. On the balance of convenience, the judge found in favour of Zerolight, following authorities regarding the consequences of ex-employees retaining the confidential information of their former employer.

The team at BDBF acting in this matter was Gareth Brahams and Rachel Hearn.

The judgment is not available online.