8 Dec 2020
BASF NEW ZEALAND LIMITED v BRIAN ROBERTS (1998) LIMITED [2020] NZCA 634
- Citation
- [2020] NZCA 634
- Court
- Court of Appeal
The Associate Judge correctly exercised evaluative judgment and found BRL's affidavit evidence, taken with corroborating matters and admissions, met the low credibility threshold to show a substantial dispute or apparent counterclaim concerning merchantable quality; accordingly the statutory demand was properly set aside and the Court of Appeal dismissed BASF's appeal.