27 May 2015
CAN BUILD LTD v KIRKPATRICK and PURVIS as trustees of the LAURA KIRKPATRICK FAMILY TRUST [2015] NZHC 1161
- Citation
- [2015] NZHC 1161
- Court
- High Court
The judge found on the evidence (including contemporaneous payment claim documents) that the South Steel contract had been assigned to Can Build Limited; however both documents relied on by Can Build as payment claims failed to comply with s20 (payment claim 9 lacked sufficient identification and calculation detail and subsequent material could not cure that defect; payment claim 10 likewise failed to identify the works sufficiently), and therefore summary judgment could not be granted and the application was dismissed to allow the matter to proceed to trial.