19 Aug 2021
KINLEITH LAND AND INFRASTRUCTURE LTD v BREMWORTH LTD [2021] NZHC 2145 _x000b_
- Citation
- [2021] NZHC 2145
- Court
- High Court
There was no credible or documented variation of the SPA relieving KL&I of its obligation to pay the 10% deposit due on 17 September 2020; the Settlement Notice did not waive or extinguish Bremworth's already accrued unconditional right to the deposit and expressly preserved intermediate rights of cancellation; KL&I failed to establish a genuine and substantial dispute that the deposit was due, therefore the statutory demand could not be set aside.