1 Sept 2015
BERNARD STREET PROPERTIES (2007) LTD v REBUILD AND REPAIR CANTERBURY LIMITED [2015] NZHC 2096
- Citation
- [2015] NZHC 2096
- Court
- High Court
Both statutory demands were set aside because issuing notices against both companies showed there was a substantive dispute as to which company owed the debt, rendering the s 289 procedure inappropriate; consequently both notices were flawed and must be set aside; costs awarded on a 2B basis for one proceeding plus 10% of 2B for specified steps in the second proceeding, and disbursements to each applicant; no uplift for abuse of process was awarded.