25 Jun 2010
PUNTER MANAGEMENT LIMITED V ADVOCATE ADVERTISING LIMITED & ORS HC AK CIV 2009-404-002233
- Citation
- openlaw-f68937ad_5684_4508_aa98_6c3be8ed0993.pdf
- Court
- High Court
Defendant Advocate is liable on the contract as a matter of law because the defendants failed to show an arguable defence of misrepresentation or lawful withholding of payments; however the precise quantum of the unpaid balance cannot be determined on summary judgment because the contract contains an express adjustment mechanism for the final purchase price tied to future earnings, and issues of personal liability of Ms Mitchell and Mr Richards raise factual disputes requiring trial.