8 Sept 2021
GROOM v BARTULOVIC [2021] NZHC 2341
- Citation
- [2021] NZHC 2341
- Court
- High Court
The accountant's determination was enforceable: he addressed the contractually defined question (net value at the termination date), used appropriate methodology (including market/development value as part of net assets), properly engaged and directed a qualified valuer, afforded parties opportunity to supply material, and there was no evidence of actual bias or procedural breach sufficient to vitiate the determination; plaintiff's post-termination involvement did not cause provable loss to justify a set-off; interest under the deed runs from the termination date and the deed prescribes base/…