Tyro Payments has won a breach of contract case against one of its agents, with the Supreme Court of New South Wales restraining Kounta Pty Ltd from trying to sell competing services to Tyro merchants. Kounta is the Australian subsidiary of Canadian company Lightspeed Commerce, which offers products and services similar to Tyro’s. Tyro commenced proceedings in September, claiming Kounta was offering Tyro merchants the Lightspeed Payments product while it was Tyro’s agent under a contract between the parties, as well as being an authorised representative under Tyro’s Australian Financial Services Licence. Tyro said in a statement: “Tyro has become aware that Kounta is marketing to Tyro merchants and encouraging them to adopt Lightspeed Payments as their payments solution. “Tyro considers that this conduct by Kounta directly breaches Kountas obligations to Tyro, including its contractual obligations as Tyro’s agent.” It sought orders restraining Kounta from breaching its non-solicitation obligations. It is also sought damages and an indemnification for all losses in relation to the breaches. On Friday, the court ruled that Kounta was in breach of contract and made orders that restrain Kounta (without Tyro’s consent} from soliciting, inducing or otherwise attempting to persuade any Tyro merchant to become a merchant of any entity providing acquiring services (being the functions and facilities provided by Tyro to facilitate the processing of financial transactions). This includes restraining Kounta from soliciting, inducing or otherwise attempting to persuade any merchant of Tyro to use Lightspeed Payments. The restraining order is in place until September 2024. The court will rule on the application for damages at a separate hearing later this month.