| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 34 |
| Hearing date | 25 Nov 2014 |
| Determination date | 07 April 2015 |
| Member | M Ryan |
| Representation | B Laracy ; S Goodier |
| Parties | McIntyre v Core Technology Ltd |
| Summary | DISPUTE - Parties disputed appropriate methodology to calculate interest under settlement agreement - Whether second respondent had authority to sign on behalf of first respondent - Whether interest calculated on per annum basis and reduced with part payment - Interpretation of settlement agreement |
| Abstract | AUTHORITY FOUND -DISPUTE: Second respondent had ostensible authority to sign. Absence of clear words that stipulated interest would be calculated on per annum basis or quantum of interest would reduce. Interest written as 10 per cent of total purchase price. Natural and ordinary interpretation supported applicant's view. Question answered in favour of applicant |
| Result | Question answered in favour of applicant ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s149;ERA 221 |
| Cases Cited | Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5, [2010] 2 NZLR 444 |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Wellington_34.pdf [pdf 211 KB] |