22 Dec 2011
OLSEN CONSULTING LIMITED V GOODMAN FIELDER NEW ZEALAND LIMITED HC AK CIV 2011-404-5622
- Citation
- openlaw-6cf6efc6_07ec_47bc_bd7d_fef2980c3b68.pdf
- Court
- High Court
Clause 9.3 confers a unilateral power to review and change commission inputs but that power is constrained: Goodman Fielder must conduct annual reviews with exchange of proposals and information; the unilateral power may be exercised anytime but only to ensure accuracy or correct patent error and after giving notice of proposed changes, a reasonable opportunity to respond and consideration of that response; further notice after decision must be commensurate with the significance of the change; accordingly declaratory relief in the terms set out was granted and contractors awarded reduced scal…