12 Oct 2020
B PROPERTY GROUP LIMITED v ECOTECH COMMERCIAL (NZ) LIMITED [2020] NZHC 2673
- Citation
- [2020] NZHC 2673
- Court
- High Court
There is a genuine issue to be tried about the character of the $200,000 payment — conflicting evidence on whether it was held on trust and refundable or an absolute payment to Ecotech — such that the insolvency jurisdiction should not determine the matter summarily; accordingly a stay and prohibition on advertising is warranted to allow ordinary proceedings to test the dispute.