17 Feb 2022
DEMPSEY WOOD CIVIL LTD v CONCRETE STRUCTURES (NZ) LTD [2022] NZHC 168
- Citation
- [2022] NZHC 168
- Court
- High Court
It is reasonably arguable that Payment Claim No.9 was not validly served because prior communications established that payment claims were to be sent to the accounts address and consent to lone service to Mr Pickard cannot be reliably inferred; alternatively, even if email service to Mr Pickard was consented to, no information system was designated so service occurs only when the email came to his attention, which made the payment schedule timely; therefore s23 could not be relied on to establish a debt and the statutory demand was set aside.