MANAWATU GREYHOUND RACING CLUB INCORPORATED V NEW ZEALAND GREYHOUND RACING ASSOCIATION INCORPORATED HC PMN CIV-2011-454-150

MANAWATU GREYHOUND RACING CLUB INCORPORATED V NEW ZEALAND GREYHOUND RACING ASSOCIATION INCORPORATED HC PMN CIV-2011-454-150

The Court found on the evidence that the plaintiff advanced and paid construction monies on behalf of the defendant, the defendant executed the Loan Agreement which recorded those advances, there was an acknowledgement and an interest payment by the defendant, the defendant produced no credible evidence of duress or that the loan was not advanced, and therefore there is no substantial dispute warranting setting aside the statutory demand under s290; consequently the application to set aside is dismissed and the defendant must comply with the demand within five working days, with costs to the plaintiff.

Citation
openlaw-5fa8f0a3_7ffb_4e7a_b06c_ee88736db935.pdf
Parties
Defendant / Applicant: Manawatu Greyhound Racing Club Incorporated; Plaintiff / Respondent: New Zealand Greyhound Racing Association Incorporated
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 June 2011
Procedural Posture
Application to Set Aside Statutory Demand / Hearing and Judgment on Application
Outcome
Application to set aside statutory demand dismissed
Legal Topics
Statutory Demand, Set Aside, Loan Agreement, Payment of Debt, Duress, Abuse of Process, Costs
Incorporated Societies Act 1908 Companies Act 1993 Contract Law Insolvency Law Civil Procedure Statutory Demand Set Aside Loan Agreement +4 more

Case Brief

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Parties

Manawatu Greyhound Racing Club Incorporated

Defendant / Applicant

New Zealand Greyhound Racing Association Incorporated

Plaintiff / Respondent

Procedural Posture

Application to Set Aside Statutory Demand / Hearing and Judgment on Application

Legal Issues

  1. 1 Whether there is a substantial dispute as to the existence of the debt claimed in the statutory demand
  2. 2 Whether the Loan Agreement was validly entered into and is enforceable
  3. 3 Whether monies advanced by the plaintiff constituted a loan owed by the defendant

Ratio Decidendi

The Court found on the evidence that the plaintiff advanced and paid construction monies on behalf of the defendant, the defendant executed the Loan Agreement which recorded those advances, there was an acknowledgement and an interest payment by the defendant, the defendant produced no credible evidence of duress or that the loan was not advanced, and therefore there is no substantial dispute warranting setting aside the statutory demand under s290; consequently the application to set aside is dismissed and the defendant must comply with the demand within five working days, with costs to the plaintiff.

Court Disposition

Application to set aside statutory demand dismissed

Orders

  • Application dismissed
  • Defendant to comply with the statutory demand within 5 working days from date of judgment