Litigation Notes
Tag: set off
Showing 4 out of 4 results
05 May 2021
High Court orders payment to sellers from escrow account, despite purchaser’s fraud claims, as claims had not been notified in accordance with the SPA
The High Court has granted the sellers of a company summary judgment on their claim for specific performance of a clause requiring payment of …
25 November 2013
Court of Appeal overturns Commercial Court on construction of retention of title clause
In a recent decision the Court of Appeal found, by a majority, that the effect of a retention of title clause was that the buyer resold the goods as …
18 April 2013
Court of Appeal found agreement to pay instalments excluded right of set-off
The Court of Appeal has held that a settlement agreement, in which the defendant acknowledged that a debt was payable in full and agreed the mechanics …
18 October 2012
Commercial Court upholds "no set-off" clause
In a recent decision, the Commercial Court granted summary judgment on a seller's claim for approximately US$12 million as the price due under a …