11 Jun 2012
ROADING SOLUTION DISTRIBUTORS LIMITED V TPR HOLDINGS LIMITED HC WN CIV-2012-485-678
- Citation
- openlaw-b6dc731d_1387_47b2_aa70_1dcb1bb123ce.pdf
- Court
- High Court
The plaintiff established an arguable genuine and substantial dispute under s 290(4) because the evidence (GST invoice and tax credit note from Environmental Stabilisers, absence of a GST invoice issued by the defendant, and the fact the goods had not been redelivered) raised a plausible contention that the goods had been on-sold and that the defendant had not established a debt was due under clause 17; accordingly the statutory demand was set aside.