17 Mar 2023
HWD NZ INVESTMENT CO LIMITED v BODY CORPORATE 392148 [2023] NZHC 526
- Citation
- [2023] NZHC 526
- Court
- High Court
Even where the applicant has an arguable set-off, the statutory demand remains enforceable and the application to set it aside is declined because the Scheme contains a compelling 'pay now argue later' policy, the default interest had accrued and was properly invoiced, the service defect was an irregularity cured under the High Court Rules, and the Body Corporate's failure to follow its internal debt-collection resolution does not invalidate the statutory demand.