18 Apr 2019
AUCKLAND DRAINAGE PLUMBING SERVICES LTD v WHITE ROSE BUILDERS NEW ZEALAND LTD [2019] NZHC 890
- Citation
- [2019] NZHC 890
- Court
- High Court
The plaintiff's statutory demand did not conclusively establish insolvency because the defendant demonstrated genuine and substantial disputes as to the existence and quantum of the debt: key invoices arguably did not comply with CCA payment claim requirements, the adjudicator found no further sums payable, and factual disputes about contract formation, variations and payments were unsuitable for resolution in liquidation proceedings; consequently the liquidation claim was dismissed.
- Statutory demand
- Payment claims (construction contracts act)
- Adjudication under cca
- Liquidation
- Variation to construction contract