New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Credit note

Legal area

Court

11 Sept 2015

PLUS CONSTRUCTION NZ LIMITED v KIWI STEEL NZ LIMITED [2015] NZHC 2188

Citation

[2015] NZHC 2188
Court

High Court

Contemporaneous documents (invoice, email of 8 July 2014 accepting the invoice, and 18 December 2014 meeting minutes) reliably demonstrate Plus Construction acknowledged liability for $118,000 and agreed to pay despite later affidavit assertions; Plus Construction's contrary account lacked sufficient reliability and there was no arguable defence or valid set-off; Kiwi Steel did not assume Leading Edge's subcontract obligations, so the setting aside application must be dismissed.
22 Nov 2007

L ZHONG AND ANOR V COVINGTON GROUP HOLDINGS LTD AND ORS HC AK CIV 2006-404-002691

Citation

openlaw-b627c90b_402b_48cd_9c80_0c3731d8bb2e.pdf
Court

High Court

Summary judgment dismissed because plaintiffs have arguable causes of action: clause 16.3 and the s25 credit note can reasonably be interpreted to give full credit (including GST) for the first agreement and there is admissible evidence raising a credible dispute about a common underlying assumption and possible collateral/partly oral agreement; factual disputes on intent, rectification and mistake prevent summary disposal.