13 Mar 2023
PPR RICCARTON LIMITED v W. GARTSHORE LIMITED [2023] NZHC 485
- Citation
- [2023] NZHC 485
- Court
- High Court
The court found the deferred payment arrangement constituted a loan under s 11 of the Construction Contracts Act so the CCA's pay-now-argue-later protections did not bar PPR from raising set-off; PPR put forward admissible expert and payment evidence establishing a genuine and substantial dispute and arguable set-off exceeding the demanded amount; consequently the statutory demand was set aside.