28 Aug 2020
TAILORED BUILDING SOLUTIONS LTD v EVANS [2020] NZHC 2208
- Citation
- [2020] NZHC 2208
- Court
- High Court
TBS satisfied statutory prerequisites for adjudication and the Evans debtors failed to establish, with clear and persuasive evidence, either a credible counterclaim/set-off that would defeat enforcement or current ability to pay the judgment immediately or within a reasonable time; accordingly the Court declined to exercise its s37 discretion to refuse adjudication on the basis of the asserted counterclaims but reserved final adjudication pending payment by specified date.