i have a case study here

Tim runs business have turnover 2m about the accounting software distributor. After that, he want to transfer his business to company as name as TimB company and sell it to My.

My required he need to work on TimB company as director and manager. Moreover, Tim also sign contract he not compete against the company in any capacity within a 20 kilometre radius, and do not use any of the intellectual property or trade secrets of the company in any other enterprise.

After 1 years, Tim out of company and his wife open other company to sell the accounting software distributor similar as the TimB company name SUP Pty Ltd. Tim also work in there as employed but not like shareholder or director.

My question is that

can My sue Tim as breach of contract and which rule will apply for this case study