25 Mar 2020
POLY WEALTH TRUSTEE LTD v VAN VLERKEN [2020] NZHC 634
- Citation
- [2020] NZHC 634
- Court
- High Court
There was an arguable construction contract for the remedial work, but the invoice serving as a payment claim failed to comply with the mandatory s 20(3)/(4) requirements and prescribed Form 1 in material respects (notably absence of the due date, process for responding, scheduled amount procedure and advice on legal consultation). The omissions were fundamental, giving rise to a genuine and substantial dispute as to the debt, and therefore the statutory demand was to be set aside under s 290.