Mossel (Jamaica) Ltd v Michael Ian Thrush

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE CIVIL DIVISION

CLAIM NO 2004 HCV 2087

BETWEEN MOSSEL (JAMAICA) LIMITED

AND MICHAEL IAN THRUSH

:IN CHAMBERS

CLAIMANT

DEFENDANT

C.1 Mrs. M. Georgia Gibson-Henlin and Miss Sherry-Ann McGregor instructed by

Nunes, Scholefield, DeLeon and Company for the claimant

Mr. Dennis Morrison QC and Mrs. Juliann Mais-Cox instructed by Dunn Cox

for the defendant

September 21, 22, 23,24,25, and 29,2004

Sykes J (Ag)

RESTRhINT OF TRADE: INJUNCTION

The business context

1 This is an extremely urgent matter. It involves an attempt by Mossel

(Jamaica) Limited (Mossel), the claimant, to enforce a restraint of trade

clause which it says allows it to prevent Michael Thrush, the defendant,

from taking up employmer~t with Teleconimur~ications Services of Trinidad

and Tobago Limited (TST), a provider of teleplione services in the

Republic of Trinidad and Tobago. Cable and Wireless has a 49% stake in