17 Mar 2008
VICTORIA STREET APARTMENTS LIMITED V I R MCKAY AND C T MCKAY HC AK CIV2007-404-2490
- Citation
- openlaw-2dd529e5_66d4_4fa8_b2c4_bf009a67d345.pdf
- Court
- High Court
The first statutory demand was set aside because Victoria established a sufficiently arguable case that the $400,000 was paid on behalf of Point of Difference with Otis acting as conduit, creating factual issues requiring a full trial; the second statutory demand was not set aside because Victoria failed to establish a genuine and substantial set-off against Otis for the overpaid late settlement interest, which at best is a claim against Treasury Trust, not Otis.