4 Jul 2011
EXPLORE NEW ZEALAND (2004) LIMITED V BOS & CARR BOATBUILDERS LIMITED HC AK CIV-2011-404-1250
- Citation
- openlaw-58a24397_3839_48a0_8469_475404b93262.pdf
- Court
- High Court
The Court granted Explore NZ's application because Bos & Carr accepted for the hearing that Sail NZ was the contracting debtor; the Court dismissed Sail NZ's application because Sail NZ failed to establish a clear and persuasive arguable counterclaim or set off: delay was insufficiently substantiated, causation was weak, remoteness limited recoverable loss to the sale of 'On the Edge', asserted losses lacked documentary support and mutuality was absent for losses claimed by a third company, therefore the statutory demand remained enforceable against Sail NZ and payment was ordered.