Home / News / Court of Appeal Rules on War of the Roses – Invalidity of Restraints Upheld

Court of Appeal Rules on War of the Roses – Invalidity of Restraints Upheld

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.

Back to all

Latest News

World Tax 2022

The 2022 World Tax ranking have recently been released and New Chambers has three members recognised. The 2022 edition of World Tax is produced…

Read more
View all news

Get our news and cases straight to your inbox.

You can unsubscribe anytime. By signing up you agree to our Terms & Condition and Privacy Policy.