19 Nov 2015
AAI LIMITED v 92 LICHFIELD LTD (IN REC AND IN LIQ) [2015] NZCA 559
- Citation
- (2015) 23 PRNZ 52
- Court
- Court of Appeal
The Court allowed the appeal and set aside the statutory demand because AAI demonstrated a substantial dispute under s 290(4)(a): contemporaneous documents and subsequent conduct supported AAI's position that the settlement was intended to be a full discharge of all possible claims under the policy (including those of interested mortgagees) in return for payment, and that no such discharge had been provided; the matter required further disclosure and testing of evidence, so the summary statutory demand procedure was inappropriate to resolve the factual dispute.