Montgomery & Anor v My FootDr (Aust) Pty Ltd [2021] NSWDC 439

Montgomery & Anor v My FootDr (Aust) Pty Ltd [2021] NSWDC 439

The key reason for judgment was that the auditor's report of 13 September 2019 was not a final, conclusive, and binding determination of the dispute as required by the settlement agreement, as the report itself indicated further information or amending could occur; therefore, the defendant was not liable to pay the claimed sum.

Jurisdiction
Australia
Judgment Date
25 August 2021
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the defendant
Legal Topics
['dispute Over Payment of Deferred Purchase Price' 'business Sale Agreement' 'settlement Agreement' 'finality and Binding Nature of Expert Reports']
['contract'] ['dispute Over Payment of Deferred Purchase Price' 'business Sale Agreement' 'settlement Agreement' 'finality and Binding Nature of Expert Reports']

Case Brief

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Whether the auditor’s report dated 13 September 2019 was final and binding under the settlement agreement' 'Whether defendant was liable to pay the deferred purchase price based on the auditor’s report']

Ratio Decidendi

The key reason for judgment was that the auditor's report of 13 September 2019 was not a final, conclusive, and binding determination of the dispute as required by the settlement agreement, as the report itself indicated further information or amending could occur; therefore, the defendant was not liable to pay the claimed sum.

Court Disposition

Judgment for the defendant

Orders

  • ['Judgment for the defendant.' 'Reserve the question of the costs of the proceedings, including reserved costs.' 'Grant leave to the parties to approach my Associate by email within seven days to fix a further date for any argument on costs.']