New Zealand Case Law: Decisions & Judgments

Topic

S290 companies act

Legal area

Court

7 Oct 2019

TARGET PAINTERS & DECORATORS LIMITED v OMID CONSTRUCTION MANAGEMENT GROUP LIMITED [2019] NZHC 2544

Citation

[2019] NZHC 2544
Court

High Court

Although an arguable error of law existed in that the Notice of Acceptance departed from the prescribed form and arguably conditioned acceptance on security for costs, Target failed to demonstrate material prejudice or an irreparable countervailing injustice; given s60 CCA and the applicant's participation in the adjudication and lack of evidential foundation for substantive challenge, the statutory demand was not set aside and payment was ordered.
4 Apr 2016

PRACTICAL CIVIL SERVICES LIMTED v COMMISSIONER OF INLAND REVENUE [2016] NZHC 593 [4 April 2016]

Citation

[2016] NZHC 593
Court

High Court

The alleged late-2010 agreement was process-based and required the taxpayer to provide elections and prescribed information; the company unreasonably delayed and failed to provide valid elections by the deadline in the Commissioner's 19 May 2014 letter, which validly made time of the essence; the Commissioner lawfully cancelled the arrangement and called up the 2010 assessment in January 2015; therefore there is no fairly arguable substantial dispute under s290(4)(a) and the statutory demand could not be set aside.
27 Aug 2014

ETB REALTY LIMITED v EASTLIGHT ASSET TRADING NO. 3 LIMITED [2014] NZHC 2041

Citation

[2014] NZHC 2041
Court

High Court

The statutory demand was set aside because ETB established a genuine and substantial dispute: (a) credible factual dispute exists about the identity/description of the freehold property sold; and (b) on the evidence it is reasonably arguable that signed s146 pre-contract disclosure complying with the Unit Titles Act was provided to Eastlight before Eastlight became bound in respect of at least one unit (and there is a genuine timing dispute for the other), such that whether binding contracts existed is contested and the debt is not a sum certain.

New Zealand Case Law

TARGET PAINTERS & DECORATORS LIMITED v OMID CONSTRUCTION MANAGEMENT GROUP LIMITED [2019] NZHC 2544

PRACTICAL CIVIL SERVICES LIMTED v COMMISSIONER OF INLAND REVENUE [2016] NZHC 593 [4 April 2016]

ETB REALTY LIMITED v EASTLIGHT ASSET TRADING NO. 3 LIMITED [2014] NZHC 2041