30 Aug 2010
LJS MANAGEMENT LTD V AMIRCO LTD (IN LIQUIDATION) HC AK CIV-2010-404-002931
- Citation
- openlaw-8a0a3077_9753_43c6_98db_9cc57efe64a7.pdf
- Court
- High Court
The application to set aside the statutory demand was dismissed because the court found the liquidated damages clause was a genuine pre-estimate and therefore $20,000 of post-termination losses were recoverable as liquidated damages and only $9,249.19 of pre-termination liabilities were separately recoverable (total arguable set-off $29,249.19), which was insufficient to reduce the respondent's arbitration award and costs of $58,903.25; further, insolvency set-off under s 310 was unavailable because the operative transaction (exercise of the option) occurred within the specified period and th…