11 Feb 2008
T R WELSH AND ANOR V GUNAC SOUTH AUCKLAND LTD HC AK CIV 2006-404-7877
- Citation
- openlaw-73b857b8_f9b4_4696_b7c6_ebaf00bcdea7.pdf
- Court
- High Court
Omission of the statutory wording required by s 20(2)(f) rendered the first invoice incapable of being relied on as a payment claim under the Act; the appellants were not shown to be residential occupiers so s 20(3) did not apply; the District Court judgment was set aside in part and substituted with judgment for the respondent limited to amounts properly claimed under the Act, namely $34,137.41; the Act prevents determination of substantive set-off or counterclaims in these recovery proceedings so substantive complaints must be litigated separately.