TRADE AND COMMERCE - RESTRAINT OF TRADE - GOODWILL - Plaintiff purchases Defendant's medical practice and requires Defendant to conduct practice from Plaintiff's medical centre - covenant against competition - onus of proof where Restraints of Trade Act invoked - whether restraint a "brass plate covenant" - EVIDENCE - WHAT EVIDENCE IS REQUIRED TO PROVE RESTRAINT OF TRADE IS REASONABLE - LIQUIDATED DAMAGES - Onus of proof.
Acts Cited:
Health Insurance Act 1973 (Cth)
Restraints of Trade Act, 1976 (NSW) - s.4(1)
Case Details
Citation[2002] NSWSC 1214
CourtNSWSC
JurisdictionNew South Wales
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