Smith v Acquire Asia Pacific Philippines Inc

[2016] NSWSC 1084

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Contracts
2. › interpretation and construction of commercial contracts
3. › whether defendant is obliged to direct the Escrow Agent to release the Escrow Amount to the plaintiffs
1. Equity
2. › equitable set-off
3. › whether defendant’s warranty and indemnity claims give rise to a right of equitable set-off
4. › whether sufficiently connected with, so as to impeach, plaintiffs’ claimed right
5. › whether any right of set-off excluded by necessary implication from terms of contract
6. › whether defendant entitled not to direct the release of the funds