19 Jun 2019
FORTUNE TECHNOLOGY CORP LTD (IN LIQ) & OR v STOLLERY & OR [2019] NZHC 1430
- Citation
- [2019] NZHC 1430
- Court
- High Court
The Court found that, on an objective construction of the email and the Notices of Discontinuance, there was a clearly arguable binding contractual arrangement between the parties that settled all outstanding matters including the costs award; that arguable cross-claim falls within s17(7) as it could not have been raised at the time of the costs judgment; accordingly the bankruptcy notices were set aside.