NSW Breach of Non compete clause in contract

Discussion in 'Commercial Law Forum' started by Tally Muk, 30 September 2018.

  1. Tally Muk

    Tally Muk Member

    Joined:
    30 September 2018
    Messages:
    1
    Likes Received:
    0
    I own a retail plant nursery. I just bought my business partner out and in the termination of partnership agreement it has a non compete clause (directly and indirectly). His partner just registered a business and they are now selling plants at the local markets close to when my business is. Because it is under his partners name but he works with him, is it a breach of contract?
     
    #1 Tally Muk, 30 September 2018
  2. Rod

    Rod Well-Known Member
    LawTap Verified

    Joined:
    27 May 2014
    Messages:
    5,221
    Likes Received:
    736
    Depends on how the restrictive clause is written.

    If the 'indirect' reference is clear enough and covers this circumstance then you probably have a cause of action.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    #2 Rod, 30 September 2018
    Tally Muk likes this.
  3. DMLegal

    DMLegal Well-Known Member

    Joined:
    28 May 2018
    Messages:
    151
    Likes Received:
    22
    Rod is spot on - the term of the non-compete clause and the scope (as in the area and activities it covers) are relevant in determining whether or not it can be enforced. Your best bet is to send a cease and desist letter referring to the clause and failing that, obtain legal advice.
     
    #3 DMLegal, 11 October 2018
(You must Log In or Sign Up to post here.)
Loading...
Similar Threads - Breach compete clause
  1. Campbell Wilson

    NSW Is This a Breach of Contract?

    Campbell Wilson, 16 October 2018 at 6:10 PM, in forum: Commercial Law Forum
    Replies:
    0
    Views:
    107
    Campbell Wilson
    16 October 2018 at 6:10 PM
  2. adro

    Remedies for breach of Corporations Act, replaceable rules and constitution?

    adro, 23 July 2018, in forum: Commercial Law Forum
    Replies:
    0
    Views:
    193
    adro
    23 July 2018
  3. Pete001

    VIC Case study of a breach of a contract

    Pete001, 17 April 2018, in forum: Commercial Law Forum
    Replies:
    0
    Views:
    314
    Pete001
    17 April 2018
  4. Blahish

    Rental breach notice

    Blahish, 22 January 2018, in forum: Commercial Law Forum
    Replies:
    0
    Views:
    277
    Blahish
    22 January 2018
  5. Sisu

    Non Compete Clause for Franchise

    Sisu, 30 July 2017, in forum: Commercial Law Forum
    Replies:
    3
    Views:
    376
    Sisu
    31 July 2017

Share This Page

Loading...
gt;