New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Adjudication (construction contracts act 2002)

Legal area

Court

29 Apr 2015

BUSSELL CONSTRUCTION LIMITED v MANCHESTER INDUSTRIAL HOLDINGS LIMITED [2015] NZHC 858

Citation

[2015] NZHC 858
Court

High Court

Stay and restraint granted under r31.11 because the defendant demonstrated a reasonably arguable challenge to the validity of the payment claim and a real risk the plaintiff could not refund the adjudicated sum; the balance of justice required security of the full adjudicated sum in trust and a condition that the defendant commence judicial review within 30 working days.
11 Nov 2011

BRC LIMITED V R PATEL & NG PATEL HC WN CIV-2011-485-1322

Citation

openlaw-a9b22b83_187b_42fe_badd_ac8ebc8b1628.pdf
Court

High Court

Section 79 of the Construction Contracts Act bars the judgment debtors from relying on disputed counterclaims or set‑offs to set aside the Bankruptcy Notices; the GST error in the first adjudication justified amendment of the Bankruptcy Notices to the corrected reduced sums rather than setting them aside; the judgment debtors failed to prove a real risk the payee would be unable to repay so no interim relief was warranted; accordingly the set‑aside applications were dismissed but the Notices were amended and costs awarded to the judgment creditor.