18 Sept 2018
NMHB LTD v CONCRETE STRUCTURES (NZ) LTD [2018] NZHC 2436
- Citation
- [2018] NZHC 2436
- Court
- High Court
A payment claim seeking an advance/security payment is within the scope of the Construction Contracts Act where it relates to identified future construction work and accords with the parties' contractual agreement; therefore the respondent's payment claims were valid, NMHB's failure to serve a payment schedule meant the debt was owing, and the application to set aside the statutory demand failed because s79 prevents reliance on counterclaims in this context.