25 Mar 2022
VECTOR LIMITED v H LIMITED [2022] NZHC 569
- Citation
- [2022] NZHC 569
- Court
- High Court
Prosecution failed to prove beyond reasonable doubt that the company lacked a genuine belief it was authorised to submit payment claims calculated by reference to Agreed Amounts as provided in the contract and CMIs; the contract and payment regime left room for an arguable and genuine belief that certification by the Engineer/CMIs entitled progressive claims pending final Net Cost assessment; ambiguity and paucity of direct evidence from company decision‑makers meant dishonesty/recklessness was not established, therefore the company was not guilty of the s228(1) or s240(1) charges.