8 Jun 2016
ENGINI LIMITED v NZNET INTERNET SERVICES LIMITED (IN LIQUIDATION) [2016] NZHC 1220
- Citation
- [2016] NZHC 1220
- Court
- High Court
The High Court allowed the appeal and set aside the District Court's strike-out because the pleaded defence raised tenable legal grounds: third-party payment of consideration can, at the creditor's direction, validate an accord and satisfaction and equitable estoppel may operate as a shield; credibility and acquiescence are factual matters for trial and not appropriate to determine on strike-out.