29 Aug 2013
GULF HARBOUR MARINE VILLAGE RESIDENTS' ASSOCIATION INCORPORATED v JAN BAIN HOLDINGS LIMITED [2013] NZHC 2223
- Citation
- [2013] NZHC 2223
- Court
- High Court
Service of the statutory demand by leaving it at the company's registered office complied with s 387(1)(c) and was valid; although the director did not acquire actual knowledge in time to apply to set aside the demand, that lack of knowledge is a relevant discretionary factor on a stay application. Jan Bain proved genuine and substantial disputes as to specific invoices (double charges totalling $1,352.24 and marina berth charges totalling $9,190.12) so it would be an abuse of process to proceed on those items without leave under s 288(5); the remaining invoices totaling $10,964.99 are not di…