29 Nov 2013
MARCONEE SEAFOODS NZ LIMITED v CANISTER FISHING COMPANY LIMITED [2013] NZHC 3178
- Citation
- MARCONEE SEAFOODS NZ LIMITED v CANISTER FISHING COMPANY LIMITED [2013] NZHC 3178
- Court
- High Court
There is a genuine and substantial dispute as to whether an agreement existed and as to price so the contractual claim cannot be resolved on the stay application; however Marconee proved an incontrovertible benefit to Canister of at least 650 kg valued at $28/kg ($20,930) and Canister demonstrated liquid set-offs totalling $16,127.52, leaving an indisputable balance of $4,802.48; the Court ordered the liquidation proceeding stayed on payment of that sum by 20 December 2013 and permitted Marconee to proceed if unpaid.