6 Dec 2006
YEUNG CHUNG HAY v. INTERNATIONAL PAINT LLC
- Citation
- YEUNG CHUNG HAY v. INTERNATIONAL PAINT LLC
- Court
- Court of Appeal
- Case number
- CACV115/2006
The Court held there was no genuine and serious cross-claim by the appellants sufficient to set aside the statutory demands: the parties had conducted business under the 1994 Distributor Agreement, no term to pay the asserted BFE commissions could be implied, delay in asserting the cross-claim undermined its credibility, and issues of mutuality/assignment did not need to be resolved because the cross-claim failed on its merits; therefore the refusal to set aside the statutory demands was upheld and the appeal dismissed.