16 Aug 2019
EURO HOLDINGS LTD v RENOARTS LTD [2019] NZHC 2008
- Citation
- [2019] NZHC 2008
- Court
- High Court
The Court held Euro failed to establish genuine and substantial disputes as to non-delivery or incorrect credit for most invoiced goods because of delay, lack of specific evidence (notably from the Euro employee 'Keach'), and contemporaneous communications indicating acceptance; however Euro did establish a genuine dispute as to liability for Renoarts' legal recovery costs because those costs were not in the credit application terms and post-contract invoice clauses were not proven to have been incorporated. Also interest had been overclaimed. Accordingly the statutory demand was set aside in…