New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Set-off/abatement

Legal area

Court

22 Apr 2013

NZ NATURAL JUICE COMPANY LIMITED V HEARTLAND BANK LIMITED HC AK CIV-2012-404-7669

Citation

openlaw-d4f3a72f_2169_4158_aefd_4697e0d75813.pdf
Court

High Court

The statutory demand was set aside because the claimed $23,699 was genuinely contestable: the February 2012 documents evidenced a provisional conditional proposal for future purchases rather than an accrued indisputable debt, and NZ Natural Juice Co Ltd has arguable contractual defences and rights of abatement for storage charges and excise duty under the Sale of Goods Act and PPSA s102(1)(a); conversion/unliquidated claims cannot support a statutory demand.
8 Jul 2011

EMERY V ANDREWS HC AK CIV-2011-404-002903

Citation

openlaw-745b595a_0823_49b8_adac_33670c032d56.pdf
Court

High Court

On the summary possession application the Court would not finally determine whether the sale agreement was validly cancelled because disputed factual issues required fuller inquiry; however the respondents had failed to pay occupation fees, the applicants complied with statutory notice requirements and were prima facie entitled to terminate the licence; relief against forfeiture was granted conditional on payment of arrears and compliance with specified conditions, and possession was therefore not awarded on the cancellation ground.