7 Jun 2013
RADIUS HEALTH GROUP LIMITED v CONSULTANT MANAGEMENT SERVICES LIMITED [2013] NZHC 1312
- Citation
- [2013] NZHC 1312
- Court
- High Court
The statutory demand was set aside because Radius demonstrated an arguable genuine and substantial dispute as to whether the claimed rental debt was owing given the Millbrook redevelopment arrangements, the transfer to CMS, the unfinished renovations and the alleged breaches to quiet enjoyment/non-derogation, together with Radius's undertaking to continue paying rent into solicitors' trust account, meeting the s290(4) threshold.