15 Jun 2022
NZ COMMERCIAL PROPERTY MAINTENANCE LIMITED v SOULLIGHT PAINTING & PLASTER LIMITED [2022] NZHC 1401
- Citation
- [2022] NZHC 1401
- Court
- High Court
Although Soullight's explanation for delay and evidence of solvency were weak, the Court found there were material and substantial disputes as to scope, performance, defects and quantum of the debt underlying the statutory demand and that the demand was effectively founded on a prospective damages claim such that s 288(5) materially weighs in favour of permitting a defence; balancing the interests of justice the Court granted leave to file a statement of defence out of time and awarded costs to the defendant on a 2B basis.