3 Sept 2008
HERNE BAY HERITAGE LTD V DNS CONTRACTING LTD HC AK CIV 2008-404-000806
- Citation
- openlaw-f83497d9_469e_4770_9fc3_49ab097d05bd.pdf
- Court
- High Court
The documentary evidence (quotation and acceptance between DNS and Ebert and contemporaneous emails) irreconcilably contradicted Herne Bay's affidavit evidence that a $40,000 credit had been given to it; accordingly Herne Bay failed to establish a fairly arguable dispute under s 290(4)(a) and the application to set aside the statutory demand was dismissed.