31 May 2023
CHEN v TAWA TRADE FINANCE LTD [2023] NZHC 1333
- Citation
- [2023] NZHC 1333
- Court
- High Court
Permission to commence by originating application was refused because it was not in the interests of justice: the applicants had no legal or equitable right at imminent risk that required interlocutory protection (their substantive claim sought damages which would not be prejudiced by enforcement of PLA rights), the High Court does not have a mechanism to set aside a non-statutory letter of demand and the originating application route was inappropriate for challenging a s119 PLA notice; on the merits the applicants did not accept the loan extension, Tawa had no obligation to extend, the PLA n…