8 Sept 2023
CHATHAM HARDWARE LTD v CHATHAM ISLANDS MANAGEMENT LTD [2023] NZCA 433 [8 September 2023]
- Citation
- [2023] NZCA 433
- Court
- Court of Appeal
The statutory demand was not set aside because the written FSA and contemporaneous correspondence displace any asserted collateral pricing agreement; Hardware failed to follow contractual dispute procedures and produced no cogent evidence of an enforceable collateral margin or of a seriously arguable Commerce Act or Fair Trading Act claim; consequently there is no substantial dispute as to the debt and the statutory demand stands.