19 Feb 2010
HOUSING NEW ZEALAND LIMITED V CLAVERDON DEVELOPMENTS LIMITED HC AK CIV-2009-404-6292
- Citation
- openlaw-80079505_ecbe_4dfd_b9ff_12b6378f3783.pdf
- Court
- High Court
The statutory demand was set aside because there was a genuine and substantial dispute as to whether the debt was owing and due: Claverdon could not establish the alleged oral variations had been agreed and there was an arguable case that annexure A constituted an agreed payment mechanism under the Construction Contracts Act which meant the claimed amount was not yet due under s 22.