Judgment
Ennismore Fund Management Ltd v Fenris Consulting Ltd - Judgment
FSD 0065/2009 (AFJ) · 2012-02-07
Construction of clawback agreement; admissible contractual context and “matrix of fact”; commercial purpose of long‑term performance‑based remuneration; partial written terms supplemented by course of dealing; interpretation of “attributable to” (causal connection without fault requirement); credibility findings; enforceability of clawback on fund‑manager losses; supplemental agreement inferred from conduct; rejection of interpretation linking clawback to firm‑wide performance fee
Full metadata
| Cause Number | FSD 0065/2009 (AFJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Foster J |
| Parties | Ennismore Fund Management Ltd v Fenris Consulting Ltd - Judgment |
| Judgment Date | 2012-02-07 |
| Subject | Construction of clawback agreement; admissible contractual context and “matrix of fact”; commercial purpose of long‑term performance‑based remuneration; partial written terms supplemented by course of dealing; interpretation of “attributable to” (causal connection without fault requirement); credibility findings; enforceability of clawback on fund‑manager losses; supplemental agreement inferred from conduct; rejection of interpretation linking clawback to firm‑wide performance fee |
| Filename (current) | 12-02-07-Ennismore-Fund-Management-Limited-v-Fenris-Consulting-Limited.pdf |
The full text of this document is available to readers on this page. It is not served to automated crawlers.