3 Dec 2012
CV LAW LTD V ARMSTRONG PRESTIGE (WELLINGTON) LTD COA CA122/2012
- Citation
- COA CA122/2012
- Court
- Court of Appeal
The Court dismissed the appeal because it was not arguable that the debt was not due: delivery of the cheque and surrounding conduct evidenced that the obligation to pay the shortfall had fallen due, and the alleged variation delaying payment was too uncertain in subject matter, price and timing to constitute a binding contractual variation; therefore there was no genuine and substantial dispute under s 290(4).