New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Quantum dispute

Legal area

Court

10 Mar 2020

MONOCRANE (2010) LIMITED v COOPER & CO REAL ESTATE LIMITED [2020] NZHC 441 _x000b_

Citation

[2020] NZHC 441
Court

High Court

Applicant failed to establish a substantial dispute that no debt was owed, but established a genuine dispute as to quantum; commission of 7.95% was payable on the executed sale agreement for $1,000,000, yielding $79,500 (GST exclusive), so the statutory demand is upheld in that reduced amount and must be paid within 10 working days.
20 Aug 2008

LAN CABLING PRODUCTS LIMITED V SUDHAKAR HC AK CIV 2007-404-007232

Citation

openlaw-8d16ed3e_5900_4e91_b714_a22b22d7cf62.pdf
Court

High Court

The court concluded that the unresolved issue of the proper law of the contract (New Zealand vs Fiji) and the potential impact of Fiji law on enforceability and available defences raised more than speculative defences; accordingly the summary judgment application could not be finally determined and further limited evidential material should be filed to resolve whether the guarantee is enforceable under the appropriate law.