23 Oct 2020
MATAPIRO OLIVES (2008) LIMITED v THE OLIVE PRESS LIMITED [2020] NZHC 2795
- Citation
- [2020] NZHC 2795
- Court
- High Court
The application was dismissed as it sought to re‑litigate the same question already decided by Associate Judge Johnston in the June judgment that the parties' arrangement was of a take‑or‑pay nature; res judicata therefore precluded a reasonably arguable challenge to the statutory demand, and the proper relief was payment or security pending appeal with conditional liquidation if not complied with.