The plaintiffs sought interlocutory relief to enforce non-competition, non-solicitation, and confidentiality covenants against a dentist who left a purchased dental practice and began practising within the restricted radius.
The court held that the clean hands defence failed, found a strong prima facie case on the non-compete claim, and concluded that the covenant was linked to the sale-of-business bargain and was likely enforceable.
The court further held that the ESA amendments introduced by the Working for Workers Act, 2021 did not retrospectively void the 2020 agreement.
Irreparable harm was established through likely loss of goodwill and patient movement, the balance of convenience favoured enforcement, and the court also ordered the return of patient information taken from the practice.
