22 Apr 2013
NZ NATURAL JUICE COMPANY LIMITED V HEARTLAND BANK LIMITED HC AK CIV-2012-404-7669
- Citation
- openlaw-d4f3a72f_2169_4158_aefd_4697e0d75813.pdf
- Court
- High Court
The statutory demand was set aside because the claimed $23,699 was genuinely contestable: the February 2012 documents evidenced a provisional conditional proposal for future purchases rather than an accrued indisputable debt, and NZ Natural Juice Co Ltd has arguable contractual defences and rights of abatement for storage charges and excise duty under the Sale of Goods Act and PPSA s102(1)(a); conversion/unliquidated claims cannot support a statutory demand.