16 Nov 2009
PRO MACHINING LIMITED V BUNNY BUSTER FIREARMS LIMITED HC NEL CIV 2009-442-375
- Citation
- openlaw-14ab23e0_ebe9_4696_ab69_27f0fd3c5162.pdf
- Court
- High Court
No substantial dispute existed: Bunny Buster was the contracting principal and paid; the lathe was not in a deliverable state and Pro Machining retained control and was in breach of the implied condition as to title when the contract was cancelled; therefore Bunny Buster validly cancelled and is entitled to repayment and the statutory demand cannot be set aside.