Former ECN CEO and founder John Holdsworth has been granted leave to appeal a High Court judgement in favour of JSE-listed Reunert. The company believed the ruling would stymie Holdsworth's mobile start-up, AppChat.
AppChat, a disruptive mobile voice over IP (VOIP) offering, that was tabled for launch last October, was at the centre of Reunert's court application last year. The company argued that Holdsworth (who sold ECN - now Nashua Communications - to Reunert in 2011) breached a termination agreement and contract of employment by launching the new telecoms company.
Reunert won the court case when judge Selby Baqwa ruled that Holdsworth breached his restraint of trade by seeking to start a competitive offering, and had also solicited staff and clients in a bid to launch AppChat. Reunert argued that AppChat was based on a mobile VOIP product that it was set to launch, which would be foiled if AppChat went ahead.
The decision, handed down by the North Gauteng High Court in August, ruled that Holdsworth may not compete unlawfully, poach staff or clients, or make use of any of Nashua ECN's maturing corporate opportunities.
At the time, Holdsworth indicated he would appeal the judgement, and denied being aware of Nashua ECN's plans to enter the mobile VOIP space, and stealing its staff and customers. He said he had no intention of competing in an anti-competitive manner.
The Supreme Court of Appeal in Bloemfontein granted Holdsworth leave to appeal the judgement on Tuesday.
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