28 May 2018
JELLICOE NORTH LIMITED v SMITH & DAVIES LIMITED [2018] NZHC 1215
- Citation
- [2018] NZHC 1215
- Court
- High Court
The statutory demand was set aside because Jellicoe North Ltd established an arguable, genuine and substantial dispute: it produced a schedule and evidence suggesting payments received were applied for the benefit of Smith & Davies Ltd and raised an arguable denial of receipt as to a specific payment; given the summary nature of s290 proceedings the court could not conclude there was no real prospect of the applicant establishing a defence to repayment on restitutionary or equitable grounds.