17 May 2022
XINHAO DEVELOPMENTS LIMITED v LOCAL CIVIL CONSTRUCTION LIMITED [2022] NZHC 1082
- Citation
- [2022] NZHC 1082
- Court
- High Court
The application was dismissed because Xinhao failed to demonstrate a genuine and substantial dispute in relation to the two certified scheduled amounts that form the statutory demand; the June 2018 payment could not be treated as a set-off in the recovery proceedings because s 79 of the CCA prohibits giving effect to counterclaims/set-offs in such proceedings; solvency is not a sufficient standalone ground to set aside the demand.