31 Aug 2016
WIIG v DAKEN [2016] NZHC 2044
- Citation
- [2016] NZHC 2044
- Court
- High Court
Court found breaches of cl 9.1(c) and (d) in respect of identifiable overdue trade invoices ($57,006.44) and GST ($14,776.29); the Aged Payables schedule was admissible though its weight was reduced where unsupported; when those liabilities are added the overdraft would have exceeded the disclosed $240,000 limit by $4,782.29, and that shortfall constituted the recoverable loss, resulting in judgment for the first defendant for $4,782.29; other claimed items (ACC, vendor payments, other unpleaded sums) were disallowed for lack of pleading or evidence.