New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Enforcement of adjudication

Legal area

Court

2 Nov 2009

GILL CONSTRUCTION COMPANY LIMITED V ROSS BUTLER HC WN CIV-2009-406-203

Citation

openlaw-8aada6d5_19f0_449c_8d36_7e83faf2d43d.pdf
Court

High Court

The adjudication gives rise to an enforceable debt and an unsatisfied statutory demand permits the creditor to proceed with liquidation steps; a counterclaim or the company's solvency are not, by themselves, grounds to set aside the statutory demand or to prevent the liquidation application proceeding to a hearing; interim restraint granted briefly to allow the company to pay the demand and avoid advertising.
14 Jul 2009

PLIMMERTON COURTYARD LIMITED V KEITH RICHARD HUNTINGTON AND ANOR HC WN CIV 2009-485-772

Citation

openlaw-87aa54c2_3bb7_4f7f_96aa_0005825a0aba.pdf
Court

High Court

Because there was a reasonably arguable case that the adjudicator exceeded his jurisdiction by determining entitlement to stop work through an 'off-setting' approach inconsistent with s72 and the statutory payment scheme, and because the adjudication did not plainly authorise the District Court to award $100,000 remedial costs, interim relief restraining enforcement of the adjudication pending judicial review was justified and granted pursuant to s8 Judicature Amendment Act 1972.