4 Aug 2009
CREGTEN AND ANOR V COMPARK PROPERTIES LTD AND ORS HC AK CIV 2009-404-002415
- Citation
- openlaw-4d2332cf_35a8_4311_81f6_c5c6830bfdb2.pdf
- Court
- High Court
Defendants failed to provide adequate evidential foundation to establish a bona fide defence to the verified debt; clause 2(1) of the asset finance agreements (payments 'without any set-off, deduction or counterclaim') precludes the defendants' asserted set-off or counterclaim arising from the alleged misapplication of third-party funds; accordingly summary judgment was entered for $193,867.56 and interlocutory relief ordered for recovery of secured vehicles, with interest and costs reserved for later determination.