18 Jan 2011
AIR TAHITI NUI SAEML V POUNAMU INTERNATIONAL LTD HC AK CIV-2010-404-004881
- Citation
- openlaw-956c18d7_8930_417d_a8a7_56fedae8503d.pdf
- Court
- High Court
The Court held that Air Tahiti Nui had retained US$21,000 as barter funds under clause 3.4 and, having refused to permit Pounamu to utilise the air travel entitlement, was liable in restitution (money had and received) for the unused balance; that liability constitutes a debt for the purposes of s289/290 so there was no substantial defence to the demand as to US$8,611.34, that an implied 'use it or lose it' term could not be read into clause 3.4, and alleged breaches of a good faith negotiation obligation did not bar Pounamu from pursuing undisputed debts by statutory demand.
- Statutory demand
- Set aside statutory demand
- Barter agreement
- Restitution (money had and received)
- Good faith negotiations
- Choice of law