27 Nov 2012
BWIP LIMITED V SINGLETON & ANOR HC AK CIV 2012-404-002020
- Citation
- openlaw-bd8f3166_0ca7_43cc_beb4_721f2e9c4ea4.pdf
- Court
- High Court
The statutory demand was set aside because BWIP established an arguable and substantial dispute as to both the identity of the payer (whether Lester acted for the trust or personally) and the nature of the payments (loan versus investment), and the procedural irregularity of filing by a non‑practising director was cured by subsequent regularisation; the conflicting evidence met the threshold of credibility such that the dispute should be resolved at trial rather than by summary determination.