17 Oct 2022
BRYTEC STOCK FEED LIMITED v IMAGE HOLDINGS LIMITED [2022] NZHC 2675
- Citation
- [2022] NZHC 2675
- Court
- High Court
Brytec failed to establish any reasonably arguable dispute: the alleged fixed price was not a standing agreement; communications and invoices demonstrated awareness of higher rates; Brytec's overpayment assertion lacked coherent allocation evidence and was contradicted by IHL's application of payments to historical debt; the lard/defect counterclaim lacked contemporaneous evidence and was undermined by emails showing agreement to use lard; IHL's Terms of Trade validly conferred a general lien over Brytec's stock. The statutory demand therefore stands and the application is dismissed.