27 Aug 2014
ETB REALTY LIMITED v EASTLIGHT ASSET TRADING NO. 3 LIMITED [2014] NZHC 2041
- Citation
- [2014] NZHC 2041
- Court
- High Court
The statutory demand was set aside because ETB established a genuine and substantial dispute: (a) credible factual dispute exists about the identity/description of the freehold property sold; and (b) on the evidence it is reasonably arguable that signed s146 pre-contract disclosure complying with the Unit Titles Act was provided to Eastlight before Eastlight became bound in respect of at least one unit (and there is a genuine timing dispute for the other), such that whether binding contracts existed is contested and the debt is not a sum certain.