New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Goodwill payment

Legal area

Court

27 Sept 2010

NIXON (WITHDRAWING PARTNER) AND RICHARDSON AND NIXON AS TRUSTEES OF THE FIRM TRUST (NIXON TRUSTEES) V WALKER, CHAPMAN, GOLDFINCH, RICHARDSON, LUDWIG AND SHERLOCK (CONTINUING PARTNERS) AND GOSLING CHAPMAN LIMITED (GCL) SC 70/2010

Citation

SC 70/2010
Court

Supreme Court

Leave to appeal dismissed: the proposed grounds were fact-specific, did not disclose a miscarriage of justice, and the Court of Appeal's conclusions on entitlement to the second instalment (with corresponding refund recalculation) and the absence of an enforceable consultancy agreement were supportable.
12 Dec 2008

NIXON AND ORS V CAMPBELL AND ORS CIV 2007-404-001372

Citation

openlaw-30103f89_3c48_4e7c_a5f0_8d6dd6d9c2ac.pdf
Court

High Court

The Court upheld the arbitrator: clause 10(b) requires an 'existing partner' both to have been a partner at entry and to be a partner when the goodwill instalment is due/received; clause 11(f)(iii) requires the retiring partner to remain beyond 1 April 2004 (i.e. until 2 April 2004) to be immune from refund; no binding consultancy contract arose because essential terms were unresolved and no authority was vested to bind the partnership; appeal confined to pure questions of law on unchallenged facts, so arbitrator's factual findings stand.