14 May 2019
CBC CONSTRUCTION (AUCKLAND) LIMITED v AUCKLAND CONCRETE LIMITED [2019] NZHC 1104
- Citation
- [2019] NZHC 1104
- Court
- High Court
The application to set aside the statutory demand was granted because CBC established an arguable, genuine and substantial dispute about whether its payment schedule was timely and therefore whether the debt was due; the conflict of evidence about the 20 April 2017 email, the parties' course of conduct (including consistent treatment of retentions and historical timing of schedules) supported CBC's position or estoppel, and the statutory demand therefore could not stand.