4 Mar 2016
CARGILL CONTRACTING LTD v HEYWARD HOLDINGS LTD [2016] NZHC 351
- Citation
- [2016] NZHC 351
- Court
- High Court
Heyward failed to establish a strong prima facie case of a genuine dispute on substantial grounds because the council had certified compliance, Heyward instructed only minimum standards, the remediation quote post-dated the demand and after Heyward had sold the land, and the valuation evidence was unsworn and speculative; accordingly the stay and restraint were refused and the statutory demand remains effective subject to a short extension of time to comply.