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High Court knocks down claims against DSM Demolitions

01/11/20

On 29 October 2020, HH Judge Watson, sitting in the Technology and Construction Court, dismissed claims brought by John Kelly against DSM Demolition Limited and DSM SFG Gorup Holdings Limited.

Mr Kelly, a former owner of the DSM business, claimed to be entitled to certain incentive payments pursuant to oral agreements or, alternatively, under the terms of a transitional services agreement entered into by Mr Kelly and the Defendants as part of the sale of the business by Mr Kelly and other family members.

After a five day trial in July 2020 the Court concluded that the parties had not entered into an oral agreement as Mr Kelly alleged, and that Mr Kelly’s only entitlement to incentive payments was under the transitional services agreement. However, on a proper construction of the agreement, Mr Kelly’s actions in participating in a meeting with other representatives of the Defendants did not satisfy the conditions for payment under the agreement.

The judgment is here.

Geoffrey Kuehne acted for the successful DSM parties, instructed by Stuart McNeill and Rachelle Issa at Pinsent Masons LLP.