30 Aug 2006
SUMMER CONSTRUCTION LIMITED V LEON BAKKER AND DEIRDRE BAKKER HC WN CIV-2006-485-1499
- Citation
- openlaw-f0719f34_41bd_4fa8_93fa_8ac8920747af.pdf
- Court
- High Court
The applicant established a reasonably arguable counterclaim closely linked to the disputed deposit by adducing evidence that a binding building contract existed and was repudiated by the respondents, and that the counterclaim exceeded the $10,968.75 deposit; accordingly the statutory demand dated 29 June 2006 was set aside under s290(4)(b).