22 Nov 2016
PARUA BAY FARMS LIMITED v ALLAN ANDREW WILSON AND JOAN CECILIA WILSON [2016] NZHC 2795
- Citation
- [2016] NZHC 2795
- Court
- High Court
The Court found Parua established a reasonably arguable and genuine counterclaim/set off supported by unchallenged evidence; Parua did not unequivocally waive the ability to rely on those claims in the settlement agreement and lacked sufficient knowledge of stock health at the time of settlement such that estoppel did not apply; because Parua's counterclaim likely reduces the demand below the prescribed amount and the substantive proceedings are scheduled for trial, justice requires setting aside the statutory demand.