17 Feb 2017
BDM GRANGE LTD v TRIMEX PTY LTD [2017] NZCA 12
- Citation
- [2017] NZCA 12
- Court
- Court of Appeal
Appeal allowed in part. For Clarins 2011 the court held the permissible A&P deduction was the budgeted A&P sum agreed at the start of the year (budgeted 24.6% of sales plus agreed overspend totaling $2,272,800) and not 24.6% of actual year‑end sales; for Clarins 2012 no budget had been agreed so the court implied the commercially necessary term that permissible deductions default to the Clarins required rate of 24.6% of actual net sales; RoC and Swarovski findings unchanged; on injurious falsehood Trimex failed to prove it was more likely than not that pecuniary loss occurred or would occur a…