22 Dec 2022
SHARMA v CRAFT CONSTRUCTION LTD (IN LIQ) [2022] NZHC 3600
- Citation
- [2022] NZHC 3600
- Court
- High Court
The Court granted leave because the plaintiff's claim is not clearly unsustainable and raises substantial contested factual and expert issues (notably conflicting quantity surveyor valuations) that adjudications relied on incomplete documentary evidence and cannot finally determine the dispute; the summary creditor-claim procedure is inappropriate for the detailed contractual and Fair Trading Act issues raised; and permitting the claim to proceed is necessary in the interests of justice while preserving liquidators' rights (including applications for security for costs).