Anderson v Davies - [1997] 1 NZLR 616

Contract — Restraint of trade — Enforceability — Vendor of physiotherapy practice restrained from practising within 15 km for five years — Whether restriction on use of vendor's name an unlawful restraint of trade — Whether restraint reasonable — Illegal Contracts Act 1970, s 8

Contract — Damages — Breach of restraint of trade clause by vendor of physiotherapy practice — Assessment of damages for breach.

Damages — Aggravated damages — Purchaser of business claiming damages for distress and anxiety caused by vendor's breach of restraint of trade clause — Breach allegedly affecting personal, social or family interests — Whether aggravated damages available where breach of commercial contract.

Damages — Exemplary — Breach of restraint of trade — Vendor working in breach of restraint of trade clause — Whether contumelious disregard for purchaser's rights — Assessment of damages.