22 Jun 2010
JETS TECHNICS LTD v. T.O.P. CONTRACTING LTD
- Citation
- JETS TECHNICS LTD v. T.O.P. CONTRACTING LTD
- Court
- Court of Appeal
- Case number
- CACV57/2010
The Court of Appeal dismissed the appeal and affirmed the trial judge's approach: the defendant's counterclaim addressed the same defects as the deductions in IPC 6, the defendant failed to establish legitimacy of the IPC 6 deduction as a set-off against IPC 4, and the trial properly assessed the counterclaim at $20,000 to be deducted from retention. Accordingly the plaintiff is entitled to judgment for $1,111,000 and the alleged IPC6 deduction does not reduce that award.