On 27 June 2025 the Victorian Court of Appeal decided a dispute
arising from a business sale in Ekera Dental Pty Ltd v
Creative Smiles Pty Ltd and J Goodman.
The dispute arose from a sale by Creative Smiles to Ekera of a
dental practice where the vendor was controlled and owned by Dr
Goodman.
The parties agreed under a Service Agreement that Dr Goodman
would work as the practice principal during an earn out period, and
that he would also work as a dentist from time to time.
There was a separate Acquisition Agreement and a Services
Agreement (the Services Agreement provided for post-completion
support services from Ekera).
There was an earn out dependent on EBITDA (Earnings Before
Interest Tax Depreciation Amortisation).
