2 total
Appeal dismissed; trial judge's goal-focused interpretation of strategic advisory contract upheld.
The appellant retained the respondent to provide strategic advice for a hostile takeover of a competitor.
The contract included a success fee payable upon the appellant gaining control of the target's management.
After an initial meeting requisition strategy failed, the appellant pursued a consensual purchase transaction without the respondent's involvement.
The trial judge found the contract was goal-focused and awarded the success fee and management fee to the respondent.
On appeal, the Court of Appeal found no extricable errors of law or palpable and overriding errors in the trial judge's interpretation of the contract.
The appeal was dismissed.
Motions to quash appeals granted; order implementing corporate wind-up sale process is interlocutory.
The moving parties brought motions to quash appeals from an order authorizing a court-appointed Sales Officer to enter into agreements to separate joint venture interests in real estate projects as part of a corporate wind-up.
The Court of Appeal granted the motions to quash, finding that the order was interlocutory because it was a step in implementing the wind-up and sale process, not a final determination of substantive rights.
Furthermore, the Court held that the order was made pursuant to the Business Corporations Act, meaning any appeal lies to the Divisional Court.
