1 Dec 2010
QDC DEVELOPMENTS LIMITED V THE TRUSTEES OF THE BOSS PROPERTIES TRUST HC WN CIV-2010-485-1761
- Citation
- openlaw-8d578e66_2895_4436_9379_7398e8c8359d.pdf
- Court
- High Court
The applicant raised a sufficiently arguable dispute about the authenticity and existence of the supplementary agreement to challenge the full claim, but failed to demonstrate a genuine dispute as to at least one-half of the rent and outgoings; the lease's no set-off clause precludes reliance on unquantified counterclaims; therefore the statutory demand was set aside only on conditions requiring payment of specified undisputed sums and prosecution of a declaratory claim.