21 Oct 2022
SAFARI BBQ PRODUCTS LIMITED v SAFARI VERVAARDIGING CC [2022] NZHC 2741 [21 October 2022]
- Citation
- [2022] NZHC 2741
- Court
- High Court
The statutory demand was partially set aside: the interest component was not a debt due at the date of the demand because interest had not been quantified and invoiced (s289) and is therefore removed; a ZAR 44,000 reduction was justified because there was a real evidential dispute over alleged overcharging on shipping (ZAR 11,000 per container) that could not be resolved on affidavit; the contractual no set-off clause was enforceable and barred SNZ from relying on counterclaims for defective goods as a set-off in this proceeding; the demand was not an abuse of process.