19 Dec 2013
BROOKS v CLYNE & BENNIE (1988) LIMITED [2013] NZHC 3501
- Citation
- [2013] NZHC 3501
- Court
- High Court
Annulment under s 309(1)(b) does not preclude a subsequent annulment under s 309(1)(a); where the true facts at the time of adjudication demonstrate that adjudication ought not to have been made, the court must annul under s 309(1)(a) with retrospective effect to the date of adjudication, and therefore Mr Brooks' adjudication is annulled from 28 June 2010.