lodged on 19th in WA
The Company has applied to set aside the statutory demand on the basis that:1. It is defective by reason of its failure to separately particularise the interest,principal and other components comprising the total of Arena’s claimed debt;
2. There is a genuine dispute about whether the amounts claimed by Arenaare due and payable. In particular , the Company contends that it is not liableto repay principal nor any termination payment claimed by Arena, due to thefact that Arena breached an essential condition of the UnsecuredConvertible Note Deed by failing to pay Tranche 2B to the Company, in theamount of $1.805m cash;
3. The Company has an offsetting claim, being damages for Arena’s breach andunconscionable conduct. The Company’s preliminary estimate of its damages isapproximately $17.03m.
Im guessing Mr Ching is no ding a ling. IMHO
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Ann: Notice to set Arena Investors statutory demand aside, page-3
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