10 Dec 2014
LUV & REMO LTD v SHIVRAM LIMITED (in receivership and liquidation) [2014] NZHC 3147
- Citation
- [2014] NZHC 3147
- Court
- High Court
Applicants failed to produce clear and persuasive evidence of a real basis for the asserted equitable set-offs; additionally the 2011 deed of settlement contains an explicit no set-off clause covering royalties and monthly marketing fees, which prevents withholding; therefore there is no substantial dispute under s 290(4) and the statutory demands must be upheld.