26 Feb 2018
RENAISSANCE CAPITAL INVESTMENT AND FINANCE GROUP LTD v COOK STRAIT PROPERTIES LIMITED [2018] NZHC 242
- Citation
- [2018] NZHC 242
- Court
- High Court
The statutory demand was set aside in part because the applicant established an arguable genuine and substantial dispute as to the post-1 July 2017 rental: holding-over requires consensual continuation and there were arguable factual indicia that possession had been given up so rent after 1 July was contested; make-good costs were paid thus that component was satisfied; the alleged oral full and final settlement was unenforceable as it was not performed and Cook Strait cancelled it; consequentially the demand was upheld only for a net June 2017 balance of $6,607.06 which the applicant was ord…