1 Mar 2012
CARGO CO-ORDINATORS INTERNATIONAL NZ LIMITED V CUBIC TRANSPORT SERVICES LIMITED HC AK CIV 2011-404-004547
- Citation
- openlaw-3ff54146_4e9b_42f2_bba7_d34a8cadba13.pdf
- Court
- High Court
The Court found Cubic's standard terms were incorporated into the parties' contract, which expressly permitted passing on detention charges and charging interest; Cargo therefore had no arguable substantial dispute, no effective set-off, and no basis to invoke s 290(4)(c) given industry practice and absence of exceptional circumstances, so the statutory demand was not set aside and the application was dismissed.