24 Jan 2013
PRODUCT DEVELOPMENT SOLUTIONS LIMITED V PARAMETRIC TECHNOLOGY CORPORATION HC AK CIV-2012-404-804
- Citation
- openlaw-bd614673_1f96_47f7_8e90_2578d5f723dc.pdf
- Court
- High Court
PDS failed to establish, on clear and persuasive grounds, viable counterclaims that would exceed the judgment amount or justify setting aside the statutory demand: the alleged oral maintenance agreement was unproven and inconsistent with written reseller agreements, and the claimed Australian unconscionability cause under s51AC was not proven as foreign law nor shown to be justiciable in Australia; accordingly the statutory demand stands and the s290 application is dismissed, subject to a short extension to comply.