23 Sept 2016
EMINENT INVESTMENTS (ASIA PACIFIC) LTD v. DIO CORPORATION
- Citation
- EMINENT INVESTMENTS (ASIA PACIFIC) LTD v. DIO CORPORATION
- Court
- Court of First Instance
- Case number
- HCA1292/2011
On the facts the court found DIO failed to prove the pleaded misrepresentations (lack of contemporaneous documentation, weak witness credibility and inherent improbabilities), and DIO failed to show acceptance of any repudiatory breach. As a matter of contractual construction and implied term the FAA required that the advisor be the effective cause of a transaction to earn the 3% success fee (and that requirement applies to post-termination tail period absent explicit language to the contrary). Eminent failed to prove it was the effective cause of the Dentsply transaction, so it was not entit…