9 Apr 2014
JAQUES v CRAZY TOWN LTD (IN LIQ) [2014] NZHC 718
- Citation
- [2014] NZHC 718
- Court
- High Court
The Court found on the balance of the evidence that Mr Jaques had actual authority from the applicant to negotiate and agree a settlement; the 17 April 2013 emails objectively must be read as settling the liability of both debtors; the payments made by Mr Jaques constituted satisfaction of that accord and satisfaction; accordingly Crazy Town was not a creditor in respect of the applicant when it issued the bankruptcy notice and the notice was set aside.