Nordenfelt (Pauper) v Maxim Nordenfelt Guns and Ammunition Company, Ltd

JurisdictionUK Non-devolved
Judgment Date31 July 1894
Judgment citation (vLex)[1894] UKHL J0731-1
CourtHouse of Lords
Nordenfelt (Pauper)
and
Maxim Nordenfelt Guns and Ammunition Company, Limited.

[1894] UKHL J0731-1

House of Lords

1

Whereas, Friday, the 13th day of April last, was appointed for hearing Counsel, upon the Petition and Appeal of Thorsten Nordenfelt, of No. 8, Rue Auber, Paris, in the Republic of France, Esquire, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal, of the 19th of December 1892, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Order might be reversed, varied, or altered, and that the Petitioner might have the relief prayed for in the Appeal, or that the Petitioner might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the printed Case of the Maxim Nordenfelt Guns and Ammunition Company, Limited, lodged in answer to the said Appeal; Counsel were accordingly called in; and no Counsel appearing for the said Appellant, he was heard for himself at the Bar, as well on the said Friday the 13th, as Monday the 16th, and Tuesday the 17th, days of April last; and Counsel for the Respondents having been heard on the said Monday the 16th and Tuesday the 17th days of April last, and due consideration had this day of what was offered on either side in this Cause:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of Her Majesty the Queen...

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359 cases
5 firm's commentaries
  • Restraints of trade in commercial documents must be reasonable
    • Australia
    • Mondaq Australia
    • 26 October 2021
    ...interests of the parties and is reasonable in the interests of the public: Nordenfelt v The Maxim Nordenfelt Guns and Ammunition Co Ltd [1894] AC 535; Amoco Australia Pty Ltd v Rocca Bros Motor Engineering Co Pty Ltd (1973) 133 CLR 288; [1973] HCA 40; Peters (WA) Ltd v Petersville Ltd (2001......
  • Restraints of trade in commercial documents must be reasonable
    • Australia
    • Mondaq Australia
    • 26 October 2021
    ...interests of the parties and is reasonable in the interests of the public: Nordenfelt v The Maxim Nordenfelt Guns and Ammunition Co Ltd [1894] AC 535; Amoco Australia Pty Ltd v Rocca Bros Motor Engineering Co Pty Ltd (1973) 133 CLR 288; [1973] HCA 40; Peters (WA) Ltd v Petersville Ltd (2001......
  • Restraint of trade and non-compete restraint clauses in employment contracts
    • Australia
    • Mondaq Australia
    • 10 February 2023
    ...[1920] 3 KB 571, 577. 2Emeco International Pty Ltd v O'Shea (No 2) (2012) 225 IR 423. 3Nordenfelt v Maxim Nordenfelt Guns & Ammunition [1894] AC 535. 4Del Casale v Artodemus (Aust) Pty Ltd (2007) 165 IR 148; Wright v Gasweld Pty Ltd (1991) NSWLR 317 at 326F, 333G-334E, 341G (NSW CA); Smith ......
  • What constitutes reasonable restriction when examining restraint clauses in employment contracts?
    • Australia
    • Mondaq Australia
    • 6 July 2018
    ...WASC 62, with the Court appearing to have taken a broader view of what constitutes 'reasonable restriction' first outlined in Nordenfelt [1894] AC 535. It demonstrates that employees who routinely ignore restraints, are increasingly likely to be injunct should they breach their It also conf......
  • Request a trial to view additional results
19 books & journal articles
  • Canada
    • United States
    • ABA Antitrust Library Competition Laws Outside the United States. Volume I - Third Edition
    • 2 February 2020
    ...restraint of trade, see generally MICHAEL J. TREBILCOCK, THE COMMON LAW RESTRAINT OF TRADE: A LEGAL AND ECONOMIC ANALYSIS (1986). 287. [1894] A.C. 535 (H.L.) (appeal taken from Eng.). 288. Id. at 565. In Tank Lining , 40 O.R. 2d 219, the court held that even where a covenant in restraint of......
  • Illegality
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Vitiating Factors
    • 4 August 2020
    ...Petroleum Co Ltd v Harper’s Garage (Stourport) Ltd , [1968] AC 269 at 317 (HL), Lord Hodson. 136 [1934] AC 181 (PC). 137 Ibid at 190. 138 [1894] AC 535 (HL) [ Nordenfelt ]. THE LAW OF CONTR ACTS 524 and indeed, it is the only justif‌ication, if the restriction is reasonable — reasonable, th......
  • Table of cases
    • Canada
    • Irwin Books Archive Legal Research and Writing. Third Edition
    • 6 September 2010
    ...327 Nordenfelt v. Maxim Nordenfelt Guns and Ammunition Co. Ltd., [1894] A.C. 535 (H.L.).......................................................................... 377, 381 Nordlander v. Nordlander Estate (Executor and Trustee of), [1999] O.J. No. 117 (Gen. Div.) ...................................
  • VITIATING FACTORS IN CONTRACT LAW — SOME KEY CONCEPTS AND DEVELOPMENTS
    • Singapore
    • Singapore Academy of Law Journal No. 2005, December 2005
    • 1 December 2005
    ...with respect to “garden leave”. 374 [2000] IRLR 712. 375 See generally ibid at 714—715. 376 Id at 715. 377 [2003] 1 BCLC 278. 378 See [1894] AC 535 at 565. 379 And see generally Phang, supra n 12, at 701 ff. In this regard, the Singapore High Court decision of Thomas Cowan & Co Ltd v Orme[1......
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