7 Aug 2006
THE SALES FACTORY LTD V TODD & ANOR HC HAM CIV 2006-419-465
- Citation
- openlaw-46c2d526_d333_4f30_b5a1_54dbc010dac6.pdf
- Court
- High Court
The Court held the plaintiff failed to establish a substantial dispute under s290(4)(a): the defendants' evidence of an oral agreement of 7 December 2005 was unchallenged, the sum claimed was readily quantified from the plaintiff's own turnover figures provided by its adviser, and allegations of secret commission were known to the plaintiff earlier and did not undermine the demand. No factors justified relief under s290(4)(c). Therefore the first demand was set aside but the second demand was not, and the defendants were entitled to three weeks to obtain payment under s291(1).