10 May 2012
ENERSAVE PRODUCTS LTD V DWA LTD HC CHCH CIV-2011-409-002658
- Citation
- openlaw-eb2d21d0_03b4_4331_a217_c581ba558e5c.pdf
- Court
- High Court
The application was dismissed because the purchaser failed to demonstrate, on the evidence, a reasonably arguable counterclaim of sufficient quantum to reduce the statutory demand below the prescribed threshold. The purchaser's quantification was flawed (failed to account for stock already sold and relied on unsupported turnover assumptions and credibility-sensitive facts) and therefore the statutory demand was not shown to be disputed to the requisite standard.