27 Aug 2009
BROMLEY INDUSTRIES LIMITED V MARTIN AND JUDITH FITZSIMONS LIMITED AND ANOR CA CA786/2008
- Citation
- openlaw-730c126b_b784_4168_8ec0_495fc89c7a20.pdf
- Court
- Court of Appeal
Clause 10.1(d) of the distribution agreements clearly and unambiguously excluded the distributors' right to set-off against sums owing for product, clause 14.6 preserved that obligation post-termination, the residual discretion should not be used to defeat the commercial bargain, and therefore summary judgment should be entered for the appellant for the claimed sums.