18 Mar 2019
LORRAINE SERVICES LIMITED v K ROAD HOLDINGS LIMITED [2019] NZHC 435
- Citation
- [2019] NZHC 435
- Court
- High Court
The ADLS no-deduction/no set-off clause incorporated into the parties' lease arrangements was enforceable; the applicants did not establish an equitable set-off or counterclaim sufficiently interdependent with the rent demands to justify setting aside the statutory demands under s 290(4)(b) except for a modest agreed adjustment to outgoings. Procedural irregularity from non-lawyer commencement was curable and did not void the proceedings. Consequently the statutory demands were upheld except for a small $31.54 adjustment for Lorraine Services Ltd.