13 Sept 2006
CONSTRUCTION SERVICE COMPANY (WELLINGTON) LIMITED (IN RECEIVERSHIP) V WELLINGTON WATERFRONT LIMITED HC WN CIV-2006-485-1117
- Citation
- openlaw-1f61f927_9d3b_413c_b29b_1f3e09e531e7.pdf
- Court
- High Court
Summary judgment dismissed because defendant established a properly arguable defence that clause 14.2.3 of the contract, operating after the principal resumed possession, deferred contractor entitlement to further payment until completion and final wash‑up; accordingly the Court could not be satisfied the statutory circumstances for ss23/24 recovery (payment due and unpaid by due date) unanswerably existed.