26 Jun 2017
CHEVIN DRAINAGE LIMITED v TLW TRUSTEE LIMITED [2017] NZHC 1446
- Citation
- [2017] NZHC 1446
- Court
- High Court
The plaintiff failed to prove on the balance of probabilities that it was the creditor entitled to the claimed debt because contemporaneous evidence (the 26 July 2016 email exchange and the invoice) established the contract with Chevin Civil (Ltd or Chevin Civil 2015 Ltd); alleged clerical errors and later use of the plaintiff's bank/GST details were insufficient to alter the contractual identity, so the liquidation applications were dismissed.