Belflora Pty Ltd v Vinflora Pty Ltd

(2021) 106 NSWLR 67; [2021] NSWCA 178

NSW Court of Appeal

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Interrogate

Catchwords

1. Commerce
2. › Restraint of trade
3. › Validity and reasonableness
4. › Legitimate interests
5. › Whether blanket protection from importation of goods from a subcontinent directed to preserve or maintain a personal or corporate relationship with a supplier
6. › Whether restraint related to any particular supplier
7. › Restraints of Trade Act 1976 (NSW), s 4
1. Commerce
2. › Restraint of trade
3. › Validity and reasonableness
4. › Public policy
5. › Whether blanket protection from importation of goods from a subcontinent was against the public interest
6. › Whether restraint prohibited respondents from competing in the market for the supply and sale of goods from a subcontinent
7. › Relevance of Competition and Consumer Act 2010 (Cth)
8. › Restraints of Trade Act 1976 (NSW), s 4
1. Commerce
2. › Restraint of trade
3. › Restrictive trade practices between traders
4. › Traders combining to restrict supply or competition
5. › Whether mutual restraints between former business partners constituted mere restraint against competition
6. › Whether absence of legitimate protectable interest rendered restraint void

Quick Take

Blanket geographic restraints on sourcing goods from an entire region, unrelated to any particular supplier relationship, will not be upheld as protecting a legitimate interest in restraint of trade provisions in business separation agreements, even where the restraints are mutual and freely bargained for.