14 Nov 2007
CALL NZ LIMITED V TELECOM NEW ZEALAND LIMITED HC WN CIV 2007-485-1558
- Citation
- openlaw-395a9ac3_9dbf_45c1_8352_dcb7e4241215.pdf
- Court
- High Court
The statutory demand was not set aside because the plaintiff is estopped by the prior summary judgment from disputing the debt; the plaintiff failed to show a genuine and substantial dispute or a properly evidenced counter-claim/set-off under s290(4)(a)-(b); contractual dispute resolution and payment clauses further preclude the asserted disputes, service of the original proceeding was valid, and no other grounds under s290(4)(c) justified setting aside the demand; accordingly refusal of the application followed and costs were awarded to the defendant with an order permitting liquidation proc…