Arthur Moses SC and Justin Simpkins recently appeared, successfully, for respondents resisting an appeal against a first instance decision in their favour. The Court of Appeal (Bathurst CJ, Brereton JA and Emmett AJA) upheld the decision of the primary judge, Sackar J, to reject an application to permanently restrain the respondents from selling flowers imported from South America at the Sydney Flower Market, other than flowers purchased from the appellant.
The Court of Appeal held that the restrictive covenant relied upon by the appellant was contrary to public policy and void as an unreasonable restraint of trade.
A link to the judgment can be found here.
