4 Apr 2012
ABSOLUTE QS LIMITED V ASCOT ALUMINIUM LIMITED HC AK CIV 2011-404-006062
- Citation
- openlaw-5eeba93b_6fb2_4094_86b0_e040854de054.pdf
- Court
- High Court
On an objective assessment of the documentary record and conduct between the parties Ascot contracted with Absolute, not with Mr Giddy; Absolute failed to establish that Ascot knew Absolute was contracting as agent for a disclosed principal and thus failed to show a substantial dispute under s290(4)(a). Absolute's first payment schedule acknowledged liability for a reduced sum, and the statutory demand was not set aside but time to comply was extended to permit payment of the reduced sum.