Carsal and Associates Pty Ltd t/a Triggerpoint Natural Health Centre v Crozier [2024] NSWSC 26

Supreme Court New South Wales

Medium Neutral Citation: Carsal and Associates Pty Ltd t/a Triggerpoint Natural Health Centre v Crozier [2024] NSWSC 26 Hearing dates: 3 – 4 October 2023 Date of orders: 1 February 2024 Decision date: 01 February 2024 Jurisdiction: Equity Before: Robb J Decision: See [95] Catchwords: COMMERCE – restraint of trade – validity and reasonableness – length and scope of restraint – enforcement and remedies – compensation – where contract between plaintiff health centre and defendant independent chiropractor contained restraints of trade – where restraints of trade were to operate during and after the term of the contract – where the defendant terminated the contract and commenced providing chiropractic services to clients in Newcastle – whether the restraint of trade clauses are valid – consideration of Restraints of Trade Act 1976 (NSW), s 4 – held that a 12 month duration is not a reasonable period of restraint and is invalid – consideration of the quantum of damages that would have been awarded if the plaintiff had succeeded on the issue of liability and the Court had accepted that a period of 12 months was reasonable for the restraints of trade Legislation Cited: Restraints of Trade Act 1976 (NSW), s 4 Cases Cited: Hanna v OAMPS Insurance Brokers Ltd [2010] NSWCA 267; (2010) 202 IR 420 Isaac v Dargan Financial Pty Ltd (2018) 98 NSWLR 343; [2018] NSWCA 163 Jardin v Metcash Ltd [2011] NSWCA 409; (2011) 285 ALR 677 Miles v Genesys Wealth Advisers Ltd [2009] NSWCA 25; (2009) 201 IR 1 NE Perry Pty Ltd v Judge (2002) 84 SASR 86; [2002] SASC 312 Placer (Granny Smith) Pty Ltd v Thiess Contractors Pty Ltd [2003] HCA 10; (2003) 77 ALJR 768 Smith v Ryngiel [1988] 1 Qd R 179 Stacks/Taree Pty Ltd v Marshall (No 2) [2010] NSWSC 77 Stenhouse Australia Ltd v Phillips [1973] 2 NSWLR 691; [1974] AC 391 Tullett Prebon (Australia) Pty Ltd v Purcell [2008] NSWSC 852; (2008) 175 IR 414 Woolworths Ltd v Olson [2004] NSWCA 372 Category: Principal judgment Parties: Carsal and Associates Pty Ltd t/a Triggerpoint Natural Health Centre (Plaintiff) Natalie Crozier (Defendant) Representation: Counsel: D Allen (Plaintiff) T Boyle (Defendant)