Catchwords:

CONTRACTS – restraint of trade – enforceability of post-employment restraint at common law and under Restraints of Trade Act 1976 (NSW) – construction of restraint – “business or operation similar to or competitive with” – reasonableness of scope and duration of restraint for protection of legitimate interest – relevant factors when considering reasonableness – “human face” of the business – payment during restraint period – specific consideration given for restraint period – negotiations regarding the scope and duration of restraint – receipt of independent legal and accounting advice restraint of trade – enforceability of post-employment restraint at common law and under(NSW) – construction of restraint – “business or operation similar to or competitive with” – reasonableness of scope and duration of restraint for protection of legitimate interest – relevant factors when considering reasonableness – “human face” of the business – payment during restraint period – specific consideration given for restraint period – negotiations regarding the scope and duration of restraint – receipt of independent legal and accounting advice