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The High Court ordered discovery of bank statements and contract documents, holding the application was properly before the court, relevant, and not barred by confidentiality.
The Court of Appeal held that the High Court could not vary a distribution agreement’s commission term and restored Unilever’s claim for the amount due.
The trial judge erred in varying the commission rate from 5.5% to 7.5% based on a consultant's report prepared solely for the respondent, contrary to the express terms of the distribution agreement which gave the appellant sole discretion to review the commission. Courts are bound to enforce the contract as agreed by the parties and cannot unilaterally alter its terms.
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