8 Jun 2020
Dromgool v Domo Luxury furniture concepts Ltd [2020] NZHC 1259
- Citation
- [2020] NZHC 1259
- Court
- High Court
Domo produced cogent evidence creating a genuine and substantial dispute as to whether it was the contracting party (invoices naming Lusty, payments into Lusty's bank account, accountant evidence that Domo was not trading in 2018), thereby defeating the plaintiffs' reliance on the statutory demand presumption; because liability was in substantial dispute the court dismissed the liquidation claim and held the dispute should be resolved in ordinary civil proceedings rather than by liquidation.