3 Oct 2018
TITAN EARTHMOVERS LIMITED v PC5 PROJECTS LIMITED [2018] NZHC 2125
- Citation
- [2018] NZHC 2125
- Court
- High Court
The application for a stay was dismissed because PC5 failed to establish a genuine dispute on substantial grounds: contemporaneous text messages and conduct showed PC5 accepted invoices and arranged payments, undermining PC5's claim it was not contractually liable; the hearsay evidence from a director without direct knowledge was inadmissible and insufficient; the statutory demand amount was reduced to the actual invoice total because costs claimed were not due at the date of the demand.