New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Settlement accounts
  • 8 Dec 2011

    WILLCOCKS V TEAT HC ROT CIV 2008-463-000784

    Citation
    openlaw-11a1c0a3_cd4a_4fd4_9aee_70053b8e90ae.pdf
    Court
    High Court

    The court held that the book value of the shares is to be determined by reference to the accounts for the year ended 31 March 1999 because those were the accounts in existence and the relevant metric at the time the parties contracted; expert opinions preferring the 2000 accounts were ex post rationalisations and cannot vary the bargain struck. Interest under s 87 Judicature Act 1908 is awarded to compensate and, having regard to the practical time required to prepare separation accounts, interest payable by the defendant is deferred for six weeks so that interest runs from 22 December 2008.…