17 May 2019
GLORIA JEAN’S COFFEES INTERNATIONAL PTY LTD v DABOKO LTD [2019] NZHC 1097
- Citation
- [2019] NZHC 1097
- Court
- High Court
The Court found the April 2013 document was intended to be binding between Jireh and Ms Borisova; evidence supports that material changes were agreed and acted upon in early May 2013 and that Daboko ratified the pre-incorporation agreement by conduct (payments and invoices) after incorporation; the plaintiffs (GJC/RFG) are entitled to judgment on liability for unpaid franchise fees plus interest under the agreement; whether specific performance will be granted depends on further submissions on consideration for the alleged May 2013 variation and quantum will be addressed in the final judgment.