06.03.2019

A million reasons for Rangatira to be bitter about the Tuatara earn-out

The Court of Appeal’s decision in The Malthouse Ltd v Rangatira Ltd highlights some of the risks with earn-out arrangements and, in contrast to recent High Court rulings, illustrates a more traditional “black letter law” approach to contractual interpretation.

The decision obliged Rangatira to pay almost $1M more for its 35% stake in Tuatara Brewing – purchased in 2013.  It serves as a very expensive reminder that, when negotiating contracts, including M&A deals, clauses must be drafted exactly to match the meaning that your side/client intends.  Click here to read more.

Do you need expert legal advice?
Contact the expert team at Hesketh Henry.
Kerry
Media contact - Kerry Browne
Please contact Kerry with any media enquiries and with any questions related to marketing or sponsorships on +64 9 375 8747 or via email.

Related Articles / Insights & Opinion

Team Hands in small
Cartel conduct: Do not pass “GO”, go directly to jail
Until 8 April 2021, cartel conduct was punishable only by civil penalty in New Zealand.  In R v Kumar [2024] NZHC 3955 the High Court imposed the first criminal convictions and sentences for cartel c...
06.03.2025 Posted in Construction & Disputes
Employment
2025 Insights: Proposed Legislative Changes and Employment Team Update
Team update and proposed legislative change – hello from the Hesketh Henry Employment Law Team 2025. Click here
20.02.2025
photo  dbe
When Sweet Turns Sour: The Costly Consequences of Contamination
The New Zealand Sugar Company (NZSC), trading as Chelsea Sugar, recently found itself in hot water after being fined nearly $149,500 by the District Court due to a prosecution brought by the Ministry ...
19.02.2025 Posted in Insurance & Trade and Transport
Mind your business: What happens when an employer uses an employee’s personal information?
A recent decision by the Human Rights Review Tribunal (the Tribunal) provides a noteworthy reminder of the importance of privacy rights and obligations in the workplace.  In BMN v Stonewood Group Lim...
14.02.2025 Posted in Employment
Construction Framework Wide BW
Public consultation on NZS 3916:2025 and NZS 3917:2025
Public consultation on the draft DZ 3916 Conditions of contract for building and civil engineering – Design and construct and DZ 3917 Conditions of contract for building and civil engineering – F...
13.02.2025 Posted in Construction
Court of Appeal rules Gloriavale’s challenges to BNZ decision to close its account are not seriously arguable
Background BNZ made the decision to close the accounts of 16 entities associated with the Gloriavale Christian Community following a decision by senior management that this action was appropriate give...
07.02.2025 Posted in Disputes & Insurance
Milford sound
Government unveils ‘Invest New Zealand’ agency to position NZ as premier FDI destination
Yesterday, the Prime Minister Rt Hon Christopher Luxon announced the Government’s plan to establish a new foreign investment agency, as part of his ‘State of the Nation’ speech in Auckland.  We...
SEND AN ENQUIRY
Send us an enquiry

For expert legal advice, please complete the form below or call us on (09) 375 8700.