23 Dec 2005
SCI DEVELOPMENT & CONSTRUCTION LTD V NZ BUILT LTD HC AK CIV 2005-404-3656
- Citation
- openlaw-7845e4c0_a6fa_4452_841e_aa4a0b0ca925.pdf
- Court
- High Court
The demand was not set aside because the defendant's payment claims became debts due under the Construction Contracts Act due to the plaintiff's failure to provide payment schedules, the plaintiff failed to demonstrate a substantial dispute or a tenable counterclaim unaffected by s.79, and the plaintiff did not rebut the presumption of insolvency with credible evidence; therefore the application to set aside is dismissed.