2 Nov 2022
SRG GLOBAL REMEDIATION SERVICES (NZ) LIMITED v BODY CORPORATE 197281 [2022] NZCA 518
- Citation
- [2022] NZCA 518
- Court
- Court of Appeal
The Court held that under the Construction Contracts Act ss21–24 and s79 the Body Corporate had no arguable defence to recovery of debt based on duly issued final progress payment schedules; the High Court judge was correct to refuse to withhold entry of summary judgment but erred in staying enforcement—statutory context and evidence did not establish a real and substantial risk of miscarriage of justice; the arbitration clause in NZS 3910:s13 was no longer operative more than one month after issue of the Final Payment Schedule so mandatory referral to arbitration of the counterclaim was not…