11 May 2016
RITELINE ROOFING LIMITED v NEW FOREST HOMES LIMITED [2016] NZHC 949
- Citation
- [2016] NZHC 949
- Court
- High Court
The Court dismissed both the plaintiff's liquidation application and the defendant's stay and restraint applications because the Companies Act processes were inappropriate to resolve the genuine contractual and factual disputes about completion and payment (issues likely requiring oral evidence and determination under the Construction Contracts Act or by adjudication), and the defendant had already lodged funds into trust; accordingly the interlocutory applications no longer served a purpose and costs were ordered to lie where they fall.