11 May 2020
COOKSON v AGILITY BUILDING SOLUTIONS LIMITED (IN LIQUIDATION) [2020] NZHC 961 [11 May 2020]
- Citation
- [2020] NZHC 961
- Court
- High Court
Leave to appeal was dismissed because the liquidators consented to the District Court counterclaim proceeding (making the counterclaim the more convenient and cost-effective forum), the appeal would be wasteful and likely dissipate the company's assets, and s79 of the Construction Contracts Act bars counterclaims in enforcement proceedings; an undertaking to hold funds pending Court order removed the risk of the counterclaim being rendered nugatory, so enforcement stay was granted on terms to protect the judgment creditor.