11 Nov 2011
BRC LIMITED V R PATEL & NG PATEL HC WN CIV-2011-485-1322
- Citation
- openlaw-a9b22b83_187b_42fe_badd_ac8ebc8b1628.pdf
- Court
- High Court
Section 79 of the Construction Contracts Act bars the judgment debtors from relying on disputed counterclaims or set‑offs to set aside the Bankruptcy Notices; the GST error in the first adjudication justified amendment of the Bankruptcy Notices to the corrected reduced sums rather than setting them aside; the judgment debtors failed to prove a real risk the payee would be unable to repay so no interim relief was warranted; accordingly the set‑aside applications were dismissed but the Notices were amended and costs awarded to the judgment creditor.