16 Dec 2009
MERLOT INVESTMENTS LTD (IN LIQUIDATION AND IN RECEIVERSHIP) V MERLOT (WANAKA) LTD (IN RECEIVERSHIP) HC AK CIV-2009-404-004167
- Citation
- openlaw-60b9a4ee_cae1_4608_b119_0624da0cd368.pdf
- Court
- High Court
The statutory demand was invalid because it failed to identify the debt; consequently the presumption under s287 could not be relied on and the plaintiff failed to establish creditor status when the debt's validity was put in issue. Given those deficiencies and the defendant's explained delay, the Court granted an extension of time to file a defence, accepted payment of the claimed sum, and dismissed the winding up proceeding; no costs were ordered.