4 Aug 2023
NZ SUPERFOOD AND COMPANY LIMITED v AD INTERNATIONAL CO LIMITED [2023] NZHC 2191 [4 August 2023]
- Citation
- [2023] NZHC 2191
- Court
- High Court
The Court concluded it was strongly arguable AD International was the disclosed principal and thus a creditor; there exist genuine and substantial disputes as to the number of boxes delivered/retained and whether NZ Superfood repudiated the contract (entitling AD International to a refund). Those disputes are sufficiently real to justify setting aside the statutory demand under s 290(4)(a).