12 Apr 2010
INDUSTRIAL GROUP LTD V J D BAKKER AND ANOR HC AK CIV-2009-404-006432
- Citation
- openlaw-55e7dc3c_bc4b_424f_b4df_c9ae05bf620f.pdf
- Court
- High Court
The Court applied South Australian law to the substantive disputes, held that IGL had an arguable claim only to the contractually prescribed price adjustment under clause 2.2 (reducing total to A$1,310,000), that IGL had affirmed the contracts and could not rescind the deed or rely on Unibag's termination, that IGL had not proved a fairly arguable counterclaim or set-off sufficient under s 290(4)(b) to reduce net liability below the prescribed amount, and that Fair Trading claims were time barred; accordingly statutory demands were set aside only to the extent of the adjusted sums and IGL was…