New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Stay of winding-up

Legal area

Court

17 Jun 2020

FV ALUMINIUM 2011 LTD v FIRMA CONSTRUCTION LTD [2020] NZHC 1358

Citation

[2020] NZHC 1358
Court

High Court

The Court found no agreement that FV Aluminium accepted a security over the Blake receivable; FV Aluminium lawfully pursued recovery of the undisputed amount by statutory demand and liquidation proceedings did not amount to abuse of process; Firma's communications amounted to an admission or strong inference of insolvency; accordingly the application to stay or restrain publication was refused and leave to file a statement of defence out of time was refused.
16 Nov 2006

KIZER BUILDERS LIMITED V OEC CONSTRUCTION LIMITED HC WN CIV-2006-485-2287

Citation

openlaw-80f89801_74b5_4acf_8ac3_d4f749d8df37.pdf
Court

High Court

Section 79 of the Construction Contracts Act 2002 applies to statutory demand and liquidation proceedings and precludes the defendant from relying on counterclaims or set-offs in those proceedings; the defendant failed to demonstrate a genuine dispute on substantial grounds and had not acted to set aside the statutory demand or the District Court default judgment, so the stay and restraint were refused.