New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Commission payments

Legal area

Court

6 Apr 2016

ABLEOWL XL LIMITED V NEIL GLADDEN [2016] NZCA 94

Citation

[2016] NZCA 94
Court

Court of Appeal

The Court held the Employment Court's preference for the respondent's oral evidence over documentary material was a factual credibility finding, not an error of law, and the formulated question did not raise a matter of general or public importance; accordingly leave to appeal and the application for extension of time were dismissed.
22 Feb 2010

CAIRNS LOCKIE LTD AND ANOR V AUSTRALIAN MORTGAGE SECURITIES (NZ) AND ORS HC AK CIV-2009-404-005246

Citation

openlaw-b8eb6531_1924_4367_948c_354bcc097a53.pdf
Court

High Court

The deed and commercial allocation of risk show no express or implied right for AMS to set off an unliquidated claim against commission payments; clause 20.5 bars set off by the correspondent and, absent fraud, it would be unjust to permit equitable set off because it would disrupt the parties' agreed risk allocation and unfairly deprive the correspondent of commissioned income; accordingly equitable set off did not bar summary judgment for unpaid commissions.