Home / News / Supreme Court concludes restraint of trade was unreasonable and unenforceable in the War of the Roses

Supreme Court concludes restraint of trade was unreasonable and unenforceable in the War of the Roses

Arthur Moses SC and Justin Simpkins recently represented defendants who successfully resisted an application to permanently restrain them from selling flowers imported from South America at the Sydney Flower Market, other than flowers purchased from the plaintiff.

Justice Sackar held that the restrictive covenant relied upon by the plaintiff operated as an unreasonable restraint of trade, was anti-competitive, against the interests of the parties, especially the defendants, and against the public interest.

The judgment can be found here .

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