| H & R Block Ltd v Sanott | |
|---|---|
 | |
| Court | High Court of New Zealand |
| Full case name | H & R Block Ltd v Sanott |
| Decided | 13 August 1975 |
| Citation(s) | [1976] 1 NZLR 213 |
| Court membership | |
| Judge(s) sitting | Somers J |
H & R Block Ltd v Sanott [1976] 1 NZLR 213 is a cited case in New Zealand regarding the legality of restraint of trade clauses under the Illegal Contracts Act 1970. [1] [2]
Sanott was employed as a manager of H & R Block's Christchurch office. After a falling out between them, Sannott resigned and set up in competition to them. H & R Block sought to enforce his restraint of trade clause excluding him for operating within 25 miles of their Christchurch office for the next 5 years.
The court found the restraint of trade clause was unreasonable, and modified it to excluding operating within 5 miles, for 3 years. Somers J said "The provisions of s 8 were intended to overcome the annihilating effect of the common law rules about excessive restraints and to alter those rules as to severance".
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