15 Jun 2010
HERON'S FLIGHT LIMITED V NZ PROPERTIES INTERNATIONAL LIMITED CA CA473/2009
- Citation
- openlaw-0f14e06f_a673_405f_979b_3a731485f9b4.pdf
- Court
- Court of Appeal
The Associate Judge erred by conclusively deciding the central factual question of ostensible authority on untested affidavit evidence; the ostensible authority of Mr Lowndes was an arguable issue that should be resolved at a substantive hearing, so the High Court's dismissal of the application to set aside the statutory demand was quashed and the matter remitted for substantive determination.