3 Nov 2011
FOREST EXPORT MANAGEMENT LIMITED V DNS FOREST PRODUCTS 2009 LIMITED HC NAP CIV-2011-441-489
- Citation
- openlaw-0ad7477a_2d78_4835_ab08_17fbf15e621a.pdf
- Court
- High Court
The Court found that the respondent's claims, particularly the Frank Burgiss replacement invoices and the claimed costs, were the subject of genuine and substantial long-standing disputes with material supporting that contention (including correspondence and prior proceedings), and that an arguable right of set-off existed (Disputes Tribunal award and unpaid sums to applicant); accordingly the statutory demand was not appropriate and must be set aside under s290(4)(a).