16 Jul 2008
GSE GROUP LTD V WALTERS SUPPLIES LTD (FORMERLY WALTERS ENGINEERING ENTERPRISES LIMITED) AND ORS HC AK CIV 2005-404-003045
- Citation
- openlaw-3539be85_0899_4290_8e32_771768aba4ec.pdf
- Court
- High Court
The Court found on the balance of probabilities that Mr and Mrs Walters were materially involved in ET Services and had, prior to and at the time of sale, plans and conduct that breached the restraint covenants and that Walters Engineering (via imputed knowledge from Mr Walters) breached its warranty. Those breaches and the misleading conduct entitled GSE to cancel and to restitutionary relief: refund of purchase monies less agreed credit for stock and fixtures. GSE awarded repayment/compensation of NZD 383,333.34 against Walters Engineering and Mr and Mrs Walters (jointly and severally) with…