29 Jul 2020
SINCLAIR v RURAL BUILDERS LIMITED [2020] NZHC 1857
- Citation
- [2020] NZHC 1857
- Court
- High Court
Although Mr Sinclair established a triable cross claim exceeding RBL's claim, he was not legally precluded from relying on it as a defence because he could have commenced District Court proceedings for the full amount and sought joinder and transfer of RBL's Disputes Tribunal claim; therefore s 17(1)(d)(ii) did not provide a basis to set aside the bankruptcy notice.