Another restraint of trade issue in court as former Mike Pero franchisees seek decision
posted on 6th August 2015
In another restraint of trade case, seven Mike Pero Mortgages franchisees are taking High Court action over obligations in their franchise agreements that prevent them from competing with the franchisor for two years after their franchise agreements expired. They are claiming that the terms which they signed up to can't be enforced. One franchisee, who chose not to renew his franchise agreement earlier this year, instead wants to set up as an independent broker. Mike Pero (New Zealand) has got interim orders against all seven franchisees preventing them competing with the firm as mortgage brokers.
This is the second restraint of trade case to hit the news this week after a former multiple franchisee of Video Ezy was forced to re-brand back to the franchise by the High Court.
Strangely, the New Zealand Herald has chosen to headline its article about the mortgage broking case with a photo of Mike Pero, despite admitting in the article that Mike Pero no longer has any part in the business.
Heath was a Mike Pero franchisee in Christchurch for 15 years and in 2009 won a New Zealand Mortgage Brokers' Association award. But he advised the franchisor earlier this year he would not be renewing his franchise agreement and was in the group that in April filed proceedings.
Mike Pero (New Zealand) is owned by Australia's Liberty Financial, and has 36 franchisees around this country. While it bears the name of its founder, Mike Pero, he no longer has any part in the business.
Queen's Counsel for the franchisor firm, Bruce Stewart, argued the company would be harmed if the interim orders weren't continued and said that eight of its other franchisees in Canterbury deserved protection.
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