13 Oct 2022
DEMASOL LTD v SOUTH PACIFIC INDUSTRIAL LTD [2022] NZCA 480
- Citation
- [2022] NZCA 480
- Court
- Court of Appeal
Payment claim 2 complied with the statutory requirements of s20 CCA. SPI did not provide a payment schedule within the applicable time and did not pay; accordingly ss22–23 applied and the claimed amount became enforceable as a debt. A court in a statutory demand enforcement proceeding should not, in the absence of a payment schedule, re-open the substantive contractual merits or valuation of variations; accordingly there was no substantial dispute under s290(4)(a) and the statutory demand must not be set aside. Costs follow the statutory scheme and court discretion.