24 Apr 2009
JIREH COMMERCIAL LIMITED V DIB CONSTRUCTIONS LIMITED HC AK CIV 2008-404-007189
- Citation
- openlaw-0efc0b72_aad8_4d4d_88a4_c640172b8ca1.pdf
- Court
- High Court
The application was granted because there was an arguable and substantial dispute whether the debt had been extinguished by novation: evidence established that Jireh and TTG intended TTG to assume the debt and it is at least arguable that Mr Yuan, referred to as managing director, had implied authority to agree to the novation; there was no evidence that Jireh or TTG knew of any restriction requiring two directors, and novation provides its own consideration, therefore the statutory demand should be set aside.