28 Nov 2013
WORKING CONCEPTS LIMITED v CARLOS CONCEPTS LIMITED (IN LIQ) [2013] NZHC 3061 [27 September 2013]
- Citation
- [2013] NZHC 3061
- Court
- High Court
The $20,979 demand was upheld because Working Concepts failed to demonstrate a genuine and substantial dispute: the finance fee had a clear commercial purpose, any over-adjustment was minor relative to the commercial transaction and did not meet the threshold for relief under the Contractual Mistakes Act or for total failure of consideration. The $38,579 GST adjustment was set aside because it reflected an indemnity/contractual arrangement and undoing it raises complex factual and legal issues appropriately pursued in separate proceedings (eg s 297), making the statutory demand procedure inap…