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Set-off – Right of set-off. The Court of Appeal, Civil Division, in dismissing the appellant's appeal against the grant of summary judgment on the defendants' counterclaim, held that it would not be inequitable for the defendants to rely on set-off in respect of a rebate and they were not estopped from doing so. Further, they had produced debit notes, despite the fact that the judge had not had physical copies.
Set-off – Right of set-off. The Court of Appeal, Civil Division, in dismissing the appellant's appeal against the grant of summary judgment on the defendants' counterclaim, held that it would not be inequitable for the defendants to rely on set-off in respect of a rebate and they were not estopped from doing so. Further, they had produced debit notes, despite the fact that the judge had not had physical copies.
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