New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Adjudication under cca
  • 18 Apr 2019

    AUCKLAND DRAINAGE PLUMBING SERVICES LTD v WHITE ROSE BUILDERS NEW ZEALAND LTD [2019] NZHC 890

    Citation
    [2019] NZHC 890
    Court
    High Court

    The plaintiff's statutory demand did not conclusively establish insolvency because the defendant demonstrated genuine and substantial disputes as to the existence and quantum of the debt: key invoices arguably did not comply with CCA payment claim requirements, the adjudicator found no further sums payable, and factual disputes about contract formation, variations and payments were unsuitable for resolution in liquidation proceedings; consequently the liquidation claim was dismissed.

    • Statutory demand
    • Payment claims (construction contracts act)
    • Adjudication under cca
    • Liquidation
    • Variation to construction contract