Judge upholds restraint order in Mike Pero case
posted on 27th August 2015
The case of the Mike Pero Mortgages franchisees who claim that the restraint of trade clauses in the franchise agreements cannot be enforced has moved on today, with a former Mike Pero Mortgages broker being barred from competing with his former franchisor until the wider dispute is resolved.
Justice Simon Moore ruled that the broker, Christchurch's James Heath, should not be involved in a mortgage broking business in Canterbury for two years or elsewhere in New Zealand for six months or until further order of the court. He declined to grant an order against Mr Heath's de facto partner, who had registered a new company called James Heath Mortgages, saying that the injunction already granted prevents Mr Heath from assisting her or being involved in any way whatsoever.
"While I do not minimise the adverse effects of Mr Heath and his family and the threat that it will be necessary to sell the family home after four to five months if an injunction is granted, sight should not be lost of the fact that Mr Heath was aware of the restraint provisions and made the decision to terminate his relationship with Mike Pero without apparently putting in place any plan for protecting his income without breaching his agreement...in this sense I am satisfied that Mr Heath has brought these consequences upon himself through his own actions," Justice Moore said.
The judge was satisfied that an injunction against Heath should be granted while the franchisees work out the dispute with Mike Pero Mortgages.
He ruled that Heath should not be involved in a mortgage broking business in Canterbury for two years or elsewhere in New Zealand for six months or until further order of the court.
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