14 Aug 2020
MOFFITT DAIRY LIMITED v HAZLETT LIMITED [2020] NZHC 2060
- Citation
- [2020] NZHC 2060
- Court
- High Court
The applicant failed to establish an arguable cause of action sufficient to set aside the statutory demand: the Terms of Trade validly excluded implied statutory warranties (CCLA ss138/139) and contained a no set-off clause; there were no pre-contractual representations or conduct by the supplier likely to mislead under FTA s9; absent an established breach of contract MDL cannot claim abatement; accordingly the statutory demand was not shown to be disputed on arguable grounds and the application was dismissed.