CLAUSE NOT BINDING
HOSPITAL CONTRACT AUCKLAND DECISION By consent of the Auckland Hospital Board a clause in the contract signed by Dr. Charles Ritchie Burns and Mr. John Maxwell Clarke, prohibiting them from practising in Auckland for five years after termination of their services with the hoard has been waived, and in the Supreme Court Mr. Justice Ostler has entered judgment that the clause be not binding upon the plaintiffs. In July last the board decided to discontinue the pos*s of chief of the division of medicine held by Dr. Burns and that of chief of the division of surgery held by Mr. Clarke, three months’ notice of termination of their services being given. Subsequent to their dismissal Dr. Burns and Mr. Clarke issued a writ against the board asking the court to declare, that the condition in the contract prohibiting them from practising was not enforceable.
When the action came before the court in Auckland, counsel for the board said the board had already notified the plaintiffs’ solicitors that the board had waived its right and had no objection to the plaintiffs practising.
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Bibliographic details
Gisborne Herald, Volume LXVI, Issue 20119, 13 December 1939, Page 14
Word Count
184CLAUSE NOT BINDING Gisborne Herald, Volume LXVI, Issue 20119, 13 December 1939, Page 14
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