14 Nov 2023
SAVAGE GARAGE NZ LTD v PERAMUNE [2023] NZHC 3204
- Citation
- [2023] NZHC 3204
- Court
- High Court
There was a clear and significant factual conflict about the essential terms of the oral agreement (whether Peramune was entitled to a pre‑agreed fixed price or only the sale proceeds net of agreed costs); that conflict could not properly be resolved on affidavit evidence in statutory demand proceedings and therefore amounted to a genuine and substantial dispute, requiring the statutory demand to be set aside and the dispute determined in ordinary proceedings.