28 Jan 2020
GLORIA JEAN’S COFFEES INTERNATIONAL PTY LTD v DABOKO LTD [2020] NZHC 29
- Citation
- [2020] 2 NZLR 488
- Court
- High Court
The Court applied New Zealand Court of Appeal authorities endorsing the 'practical benefit' approach to variations and found on the balance of probabilities that the May 2013 amendments produced a practical benefit to the franchisor (facilitation of funding by the franchisee's financier), therefore sufficient consideration existed and the agreement was validly varied in May 2013; Daboko's version is binding and Daboko owes unpaid franchise fees to 1 April 2018; specific performance was dismissed.