9 Mar 2012
YORK TRUSTEES LIMITED V SOUTH CANTERBURY FINANCE LIMITED HC AK CIV 2011-404-003662
- Citation
- openlaw-1e52fb40_eb1e_4df4_abfe_0316524b8091.pdf
- Court
- High Court
On the evidence the Court (by the slimmest margin) found there was an arguable case that the 8 December 2008 agreement contained material alterations to which York had not agreed, creating a genuine dispute as to interest, fees and some charges and uncertainty over entitlement to proceeds of sale of one vehicle; however SCF had an undisputed claim to the principal advanced of $122,066.99 less payments and credits, resulting in an undisputed amount of $42,611.32 which York must pay; the statutory demand was set aside only to the extent of disputed items and York was ordered to comply with the…