| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 9/03 |
| Hearing date | 11 Nov 2002 |
| Determination date | 07 January 2003 |
| Member | D King |
| Representation | M McFadden ; M Corlett |
| Location | Auckland |
| Parties | Magee v Exel Holdings (NZ) Ltd |
| Summary | RECOVERY OF MONEY - Whether offer to pay $40,000 upon sale of business - Whether offer applied to initial possible sale or actual later sale - Offer established and made in contemplation of sale - Sale did not occur - Not informed offer no longer applied once intended sale failed - Later purchase made by new interested party - Applicant sought to enforce agreement - Surrounding circumstances took priority over literal wording of agreement - Offer only applied to first attempted sale - Not entitled to payment |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Boat Park Ltd v Hutchinson [1999] 2 NZLR 74;Lowe Walker Paeroa Ltd v Bennett [1998] 2 ERNZ 558 |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |