Mr Sendall and some of his family members worked in the family recycling business and sold out to an Australian firm. Upon transfer of ownership, Mr Sendall was asked to sign a new contract, which included non-solicitation and non-competition restrictive covenants. Prior to the change of owner, Mr Sendall had no written contract or restrictive covenant terms, although he had written particulars of employment. He eventually signed his contract.

When his relatives set up a rival business (which the new owners alleged he was intimately involved in setting up with them) and Mr Sendall sought to join them, the new owners sought an injunction and relied on the terms of the restrictive covenant. Mr Sendall said it was unenforceable