17 Apr 2019
WAIKATO MOTORS LTD v WEST END PROPERTY DEVELOPMENTS LTD [2019] NZHC 865
- Citation
- [2019] NZHC 865
- Court
- High Court
Defendant failed to establish a genuine and substantial dispute: documentary evidence (Toyota NZ letter and defendant's invoice) showed the $40,000 was an advance on first year's rent applied against the lessee's liability, and alleged additional costs relating to the sign were unquantified and did not negate the plaintiff's claim; partial dispute over part of the debt ($10,350) is insufficient to justify stay or restraint under r31.11, therefore interlocutory stay and restraint orders were dismissed and interim orders discharged.