I have a horse breeding stud with a resident stallion who is a rare colour. I made an agreement via email (unfortunately no contract was signed) with a friend of 40 years for her to Artificially Inseminate her "Bay Mare".
My so called friend used a Taffy mare instead without telling me and this mare is my stallion's half sister. This mare & my stallion's father recently died & was a much sought after stallion making my stallion more sought after. I did not even know that she had bought this Taffy mare. I suspect that she was deliberately keeping the purchase of this mare a secret from me. I also suspect she is trying to get the same rare colour with enhanced breeding lines due to the "line breeding". She may end up with a rare silver black colt with more enhanced breeding lines than my stallion due to the line breeding which could ruin my business.
For her to register her foal, she needs a breeding certificate from me. Without a breeding certificate, her foal will be worthless. As there was no contract, I believe I don't have to give her a breeding certificate.
I have asked the relevant society if I am obliged to give her a certificate and am awaiting their response. I have also tried to come to an agreement with her by offering her money back or a free service to a mare not related to my stallion to which she has refused.
I am wondering what your thoughts are under Australian Law.
Your response will be greatly appreciated.
Regards
My so called friend used a Taffy mare instead without telling me and this mare is my stallion's half sister. This mare & my stallion's father recently died & was a much sought after stallion making my stallion more sought after. I did not even know that she had bought this Taffy mare. I suspect that she was deliberately keeping the purchase of this mare a secret from me. I also suspect she is trying to get the same rare colour with enhanced breeding lines due to the "line breeding". She may end up with a rare silver black colt with more enhanced breeding lines than my stallion due to the line breeding which could ruin my business.
For her to register her foal, she needs a breeding certificate from me. Without a breeding certificate, her foal will be worthless. As there was no contract, I believe I don't have to give her a breeding certificate.
I have asked the relevant society if I am obliged to give her a certificate and am awaiting their response. I have also tried to come to an agreement with her by offering her money back or a free service to a mare not related to my stallion to which she has refused.
I am wondering what your thoughts are under Australian Law.
Your response will be greatly appreciated.
Regards
