26 Oct 2007
MARINESCAPE NZ LIMITED V CONNELL WAGNER LIMITED HC AK CIV-2007-404-001959
- Citation
- openlaw-dc5f536c_ddbe_4a39_ad4a_7af8f2c49b7e.pdf
- Court
- High Court
The plaintiff failed to establish any substantial dispute as to liability (evidence showed the defendant contracted with and invoiced Marinescape NZ Limited), failed to prove the $35,000 payment was directed to satisfy the Istanbul invoices (contemporaneous emails and circumstances show the payment was for Vladivostok work), and failed to show a quantified non-contingent counterclaim or set-off under s 290(4)(b); accordingly the statutory demand was not set aside.