8 Oct 2015
BDM GRANGE LIMITED v TRIMEX PTY LIMITED [2015] NZHC 2469
- Citation
- [2015] NZHC 2469
- Court
- High Court
The Court found on the evidence that W & A remained at 17% and BDM Grange had no right to deduct more for 2011–2012; A & P overspends required Trimex's prior agreement and BDM Grange exceeded agreed limits (including margin shortfalls), thereby understating sums owed to Trimex; the parties were not partners nor a fiduciary joint venture and counters/GTUs/stock were BDM Grange's property; BDM Grange committed malicious injurious falsehood by emailing false assertions of an undisputed termination debt and is liable for damages; judgment entered for Trimex for NZD 1,537,643 (underpayments) plus…