30 Nov 2020
EZIBUY LIMITED v GLACIER INVESTMENTS LIMITED [2020] NZHC 3158
- Citation
- [2020] NZHC 3158
- Court
- High Court
Ezibuy failed to demonstrate clear and persuasive grounds for a set-off or counterclaim sufficient to impeach the statutory demand: its breach of contract claim was not reasonably arguable on the material because Glacier had an arguable option to suspend supply under the 3 March 2020 correspondence, and although Glacier's silence and failure to notify specific cancellations gave rise to an arguable misleading conduct issue under the Fair Trading Act, Ezibuy did not prove reliance and causation or present damages quantified on the compensatory measure required by the Act; accordingly the statu…