26 Jul 2022
MELBOURNE LTD v BARTLETT CONCRETE PLACING LTD [2022] NZHC 1786
- Citation
- [2022] NZHC 1786
- Court
- High Court
Consent to electronic service may be inferred from consistent prior commercial dealings and actual receipt; on the facts Melbourne's conduct established inferred consent so the payment claims were validly served by email; the 15 December 2021 email did not meet s21 requirements and was not a valid payment schedule; Melbourne did not prove solvency or a substantive counterclaim sufficient to set aside the statutory demand under s290(4); discretionary relief was not warranted, so the application was dismissed.