4 Apr 2014
REDOUBT HILL VINEYARD LTD v TORRENT BAY VINTNERS LTD [2014] NZHC 675
- Citation
- [2014] NZHC 675
- Court
- High Court
The statutory demand was invalid because Torrent Bay, the issuer of the demand, sought payment of a debt plainly owed to a different existing company (Anchorage Wines); a demand by a person who is not the creditor of the debt falls outside s 289(1) and is not merely a defect under s 290(5). Subtracting the Anchorage invoice from the amount claimed left the balance below the prescribed statutory minimum, so the statutory demand was set aside.