New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Liquidation risk

Legal area

Court

9 Dec 2019

ALPINE PRIME PROPERTIES LIMITED v HASKELL CONSTRUCTION LIMITED [2019] NZHC 3223

Citation

[2019] NZHC 3223
Court

High Court

Section 79 of the Construction Contracts Act 2002 precludes reliance on a counterclaim or set-off to set aside a statutory demand based on an adjudicator's determination; accordingly the statutory demand could not be set aside and Alpine was ordered to pay the adjudicated sum of $133,619.06 within 20 working days of 9 December 2019 or face liquidation proceedings.
8 Jun 2011

BAY CITIES REAL ESTATE V RE/MAX NZ HC NAP CIV 2010-441-134

Citation

openlaw-7d0d0c20_78c1_4ae0_979c_c2af6f8d6d0a.pdf
Court

High Court

The review is dismissed. The Associate Judge did not err in principle or act plainly wrong in staying enforcement under r17.29: 'likely' was correctly treated as a real and substantial risk that enforcement would render Bay Cities' claim nugatory by precipitating liquidation; a no set-off clause is relevant but not decisive; on the evidence (notably MacDonald's affidavit) it was open to infer liquidation was probable and that enforcement would cause a substantial miscarriage of justice; accordingly the stay of enforcement of the summary judgment against Bay Cities and its guarantors was justi…