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.