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“Jo Lind” Axel Johnson Petroleum AB -v- MG Mineral Group AG

24th May 1991

[1992] 2 All ER 163; [1992] 1 WLR 270

Stephen Kenny – Set-off – Right of set-off – Summary judgment – Counterclaim – Set-off at law – Plaintiffs claiming demurrage in respect of contract of sale under joint venture arrangement – Claim for liquidated amount – Defendants counterclaiming for short payment under earlier contract – Payment fixed by reference to contract price paid by defendants to suppliers – Whether counterclaim for liquidated sum – Whether defendants entitled to set off counterclaim – Whether defendants’ right to recover on counterclaim a triable issue – Whether defendants entitled to unconditional leave to defend.

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