1 Aug 2008
REXON LIMITED V BONDOR NEW ZEALAND LIMITED HC AK CIV 2008-404-570
- Citation
- openlaw-f16f8974_18a4_49a0_ac4d_bc98f89d3af9.pdf
- Court
- High Court
Documentary evidence (written order specifying 3.0m panels, delivery receipt signed in good order, timing of the complaint) and conduct (partial retention to complete a building, request not to repossess all goods) showed no arguable genuine and substantial dispute; Rexon failed to establish a valid defence or an arguable counterclaim, so the statutory demand was upheld for the calculated sum and the application to set aside was dismissed.
- Statutory demand
- Setting aside statutory demand
- Implied condition fitness for particular purpose
- Repossession under contract
- Interest on debt
- Counterclaim for lost profits