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HIGH COURT200510 GILMER LTD V TRACER INTERIORS AND CONSTRUCTION LTD HC WN CIV 2005-485-2009 6 December 2005 Application to set aside a Statutory Demand – Relationship between s79 of Construction Contracts Act and s290 of Companies Act – Consequences of failure to issue a valid Payment Schedule SCI DEVELOPMENT & CONSTRUCTION LTD V NZ BUILT LTD HC AK CIV 2005-404-3656 23 December 2005Application to set aside a statutory demand – s290 Companies Act 1993 – Counterclaim and set-off – Unliquidated Amount – s79 of Construction Contracts Act – Impact of ADR on Statutory Demand Process 2006PARKER CONSTRUCTION MANAGEMENT (NZ) LTD V ADEN ELECTRICAL LIMITED HC WN CIV2005-485-1334, 13 February 2006 Application to set aside statutory demand – Status of Retentions – Pay when paid can operate for contracts entered into before the Construction Contracts Act – Payment Claim – Payment Schedule JIAN HUA PROPERTY LTD V FREEMONT DESIGN & CONSTRUCTION LTD HC AK CIV 2005-404-5526 16 February 2006Application to set aside statutory demand – Issue of Payment Schedule by the Engineer on behalf of the Principal – Payment Claim - Inclusion of a claim for loss of profit and damages for downtime in Payment Claim JIAN HUA PROPERTY LTD V FREEMONT DESIGN & CONSTRUCTION LTD HC AK CIV 2005-404-5526 31 March 2006Application for costs to be ordered – Court confirmed costs to follow the event – Respondent obtained an order for costs in its favour CONCRETE STRUCTURES (NZ) LTD V PALMER & ANR HC ROT CIV 2004-463-825 6 April 2006Judicial Review – Section 8 Judicature Amendment Act 1972 - Jurisdiction of Adjudicator to award interest – Estoppel – Is the Court bound by the decision of the adjudicator – Interim relief to prevent enforcement of determination STELLAR PROJECTS LTD V NICK GJAJA PLUMBING LTD HC AK CIV 2005-404-6984 10 April 2006Appeal against determination being entered as a judgment in the District Court – Section 72 District Courts Act 1947 – Section 73 and Section 74 of Construction Contracts Act – Appointment of Adjudicator by Authorised Nominating Authority TGC PROPERTIES LTD V FREEMONT DESIGN & CONSTRUCTION LTD HC AK CIV 2005-404-7165 10 April 2006Application to set aside statutory demand – Failure to issue a valid Payment Schedule – Does the Act prevent parties disputing that there is a debt due – Demand set aside on basis of dispute QC CONSTRUCTION LTD V APT TILING LTD HC AK CIV 2006-404-2136 25 May 2006Application to set aside statutory demand – Section 79 of the Construction Contracts Act – Counterclaim - Set-Off – Debt Due WILLIS TRUST COMPANY LTD & ANOR V GREEN & ANOR HC AK CIV 2006-404-809 25 May 2006Judicial Review – Court entitled to review error of law – Estoppel and waiver – Act applies notwithstanding Agreement to Arbitrate – Payment Claim – Payment Schedule – Jurisdiction of Adjudicator – Service - Costs – Charging Order MARSDEN VILLAS LTD V WOODING CONSTRUCTION LTD HC AK CIV 2006-404-2136 25 May 2006Suspension of Construction Work under the Act – Time period for issue of Payment Claims – Service of Claims and Schedules – Failure to provide valid Payment Schedule FREEMONT DESIGN & CONSTRUCTION LTD V NATURES VIEW JOINERY LTD TA NEBULITE WAIKATO HC HAM CIV 2006-419-269, 26 July 2006Application to set aside statutory demand – s290 Companies Act – Matter being referred to arbitration – Section 74 of Construction Contracts Act – Counterclaim – Set-Off – Entry of Determination as Judgment – Discussion about purpose of Construction Contracts Act CONSTRUCTION SERVICE COMPANY (WELLINGTON) LTD (IN REC) V WELLINGTON WATERFRONT LTD HC WN CIV 2006-485-2287 16 November 2006Application for Summary Judgment – Principles of Summary Judgment – Failure to issue a Payment Schedule – Issue of Notice of Default – NZS3910:2003 – Section 79 of Construction Contracts Act KIZER BUILDERS LTD V OEC CONSTRUCTION LTD HC WN CIV 2006-485-2287 14 December 2006 Liquidation – Failure to satisfy Statutory Demand – Allegation that debt is disputed – Failure to defend enforcement proceedings – Solvency WINSLOW PROPERTIES LIMITED V WOODING CONSTRUCTION LIMITED HC AK CIV 2006-404-004969 14 December 2006Appeal against Summary Judgment – No contracting out of the Act permitted – Payment Claim – Letter and attached documents read together constitute a valid Payment Claim – Time for issuing a Payment Schedule – Provisions of Contract – Provisions of Act – Appeal dismissed WESTNORTH LABOUR HIRE LTD V S B PROPERTIES LTD HC AK CIV 2006-404-1858 19 December 2006Summary Judgment – Appeal against refusal by District Court to enter summary judgment – Payment Claim – Payment Schedule – Is a letter a valid Payment Schedule – Time for provision of Payment Schedule – Without Prejudice communications – Appeal dismissed MULES CONSTRUCTION LTD V WEDDING EARTHMOVERS LTD HC AK CIV 2006-404-4570 20 December 2006Application for Summary Judgment – Payment Claim – Payment Schedule – Is a letter a valid Payment Schedule – Time for provision of Payment Schedule – Residual discretion of District Court – Section 21 of Construction Contracts Act 2007ESOON LIMITED V GRIEVE AND JOLLANDS AND ANOR HC AK CIV 2006-404-6687 7 February 2007 Proceedings against Liquidator – Status of determination - Set-Off against a Determination – Court held that the correct amount to be registered in liquidation was amount of Determination without deduction for any alleged set-off HOLMES CONSTRUCTION WELLINGTON LTD V REES & ANOR HC AK CIV 2006-404-4219 9 February 2007 Application to set aside bankruptcy notice – Review of bankruptcy and insolvency law – Relationship to s79 of Construction Contracts Act – Counterclaim – Set-Off – Application adjourned METALCRAFT INDUSTRIES LTD V CHRISTIE HC WHA CIV 2006-488-645 15 February 2007 Appeal to High Court – Letter from a solicitor does not constitute a valid Payment Schedule – Counterclaim – Set-Off – Denial of liability – Costs WINSLOW PROPERTIES LTD V WOODING CONSTRUCTION LTD HC AK CIV 2006-404-4969 4 April 2007 Appeal against District Court decision – Payment Claim – Technical quibbles - Letter with attachments could be considered a valid Payment Claim – Service of Payment Claim on Engineer or Principal – Payment Procedures under the Act – Appeal dismissed BERGIN V NORTH SHORE CITY COUNCIL & ORS HC AK CIV 2006-404-2295 5 April 2007 Application for Summary Judgment – Building Act 1991 – Negligence of developer – Duty of Care owed – What constitutes a Deed – Liability of Directors INSITE DESIGN & DEVELOPMENT LTD V JOHN SADLER HC AK CIV 2006-404-357 18 May 2007 Appeal against refusal to grant Summary Judgment – Payment Claim – Payment Schedule – Counterclaim and set-off of liquidated amount – Insolvency Act – Solvency – Setting aside a bankruptcy notice CORPORATE JET SERVICES LTD V RUSSELL STEWART WARD & ORS HC AK CIV 2006-404-357 18 May 2007 Application for Summary Judgment – Breach of Contract – Application for Strike Out Counterclaim – High Court Rule 186 – Guarantee – Obligations of Directors – Security for Costs – Test for Impecuniosity – Payment Claim SILVERPOINT INTERNATIONAL LTD & ORS V WEDDING EARTHMOVERS LTD HC AK CIV 2007-404-104 30 May 2007 Application to set aside 6 statutory demands – Genuine Dispute as to whether amounts owed –Construction Contracts Act and setting aside Statutory Demands – Failure to issue a Payment Schedule – Counterclaim and Set-Off – Liquidated amount – Section 79 Construction Contracts Act CARLOS CONCEPTS LTD V ROCKFORD CONSTRUCTION SERVICES LTD HC AK CIV 2006-404-6516 31 May 2007 Application to set aside statutory demand – Application for Costs – Parties settled before Court – Court will not intervene where parties have reached a settlement Adjudication – Costs award in Adjudication process – Risk of adverse costs if threshold met HALLS EARTHWORKS LIMITED (IN LIQUIDATION) V DONOVAN DRAINAGE AND EARTHMOVING LIMITED HC WHA CIV 2007-488-000144 18 July 2007Application for Summary Judgment – Allegation of fraud - Status of Determination issued under Construction Contracts Act – Service of Notices under Construction Contracts Act – Cross Examination on Summary Judgment – Estoppel – Jurisdiction – Judicial Review HALLS EARTHWORKS LIMITED (IN LIQUIDATION) V DONOVAN DRAINAGE AND EARTHMOVING LIMITED HC WHA CIV 2007-488-000144 10 August 2007Application for costs – Summary Judgment Application successful – Actual costs - Expert fees and expenses – Costs awarded INSITE DESIGN & DEVELOPMENT LTD V JOHN CAMERON SADLER HC AK CIV2006-404-4528 13 September 2007Application to recall judgment or stay bankruptcy petition – Ability of Court to recall a decision – Application for recall denied – Application for stay of bankruptcy petition denied COMMERCIAL RECEIVABLES LTD V WILLIAM JOHN THOMPSON & ORS HC AK CIV 2006-404-3036 14 September 2007 Application for Summary Judgment – Substituted plaintiff – Use of credit facility to construct a residential home – Failure of bank to make payments – Application for Summary Judgment dismissed AUCKLAND WATERPROOFING V TPS CONSULTING HC AK CIV-2007-404-005890 11 December 2007 Application for costs – Summary Judgment application – Expenses incurred unnecessarily – Costs awarded LAYWOOD & REES V HOLMES CONSTRUCTION WELLINGTON LIMITED HC AK CIV 2006-404-4152 13 December 2007 Appeal against decision of the District Court – Jurisdiction of District Court – Section 73 Construction Contracts Act – Enforcement by District Court of Determinations – Natural Justice – Need for an oral hearing – Appeal dismissed 2008SHEREE ANN TAYLOR V MELLIS BUILDERS LTD HC NAP CIV 2007-441-411 11 February 2008 Application to set aside bankruptcy notice – Consideration of issues by Adjudicator – Failure to appear at hearing T R WELSH AND ANOR V GUNAC SOUTH AUCKLAND LTD HC AK CIV 2006-404-7877 11 February 2008 Application for Summary Judgment – Payment Claim – Invoice – Residential Occupier – Section 27 Construction Contracts Act – Counterclaim and Set-Off LAYWOOD & ANOR V HOLMES CONSTRUCTION WELLINGTON LIMITED HC AK CIV 2006-404-4152 15 February 2008 Application for leave to appeal – Principles to be considered when granting leave to appeal – Requirements of Natural Justice – Leave to appeal granted Application to set aside statutory demand – Substantial dispute as to whether amounts are due – Pay when Paid – Pay if Paid M SPENCER V JED RICE BUILDING CONTRACTORS LIMITED HC AK CIV 2007-404-007539 21 February 2008 Application to stay liquidation proceedings – Payment of amount to solicitors trust account – Abuse of process – Discretion of the Court to stay proceedings – Solvency – Section 79 of the Construction Contracts Act HOLMES CONSTRUCTION WELLINGTON LTD V REES HC AK CIV 2006-404-004129 3 March 2008 Interim Judgment on bankruptcy notices – Enforcement proceedings - Determination cannot be transformed to final judgment by enforcement proceedings – Section 79 Construction Contracts Act – Insolvency Act – Court of Appeal to determine issue Enforcement of a determination – Jurisdiction – Charging Orders TAYLER V LAHATTE AND ANOR HC AK CIV 2007-404-6843 24 June 2008 Application for Judicial Review – Enforcement of Determination – Principles of Natural Justice – Breach of Natural Justice – Engagement of Expert – Consequences of failure to engage an expert SAINT-ALEXIS AND ANOR V HANNA HC BLE CIV 2008 406 108 24 June 2008 Application to set aside summary judgment – Right of Trustee to sue – Payment Schedule – Consequences of failure to provide a Payment Schedule SUGULOGOVALE & SANIELO SUANIU V HI-QUAL BUILDERS LIMITED HC AK CIV 2008-404-001576 26 June 2008 Application for Summary Judgment – Payment Schedule – Consequences of failure to provide a Payment Schedule – Code of Compliance Certificate – Recovery of Costs – Interest BLOSSOM WOOL LIMITED V J W PIPER HC AK CIV 2008-404-000161 30 June 2008 Application to set aside statutory demand – Genuine dispute – Arguable basis for dispute – Role of Court in statutory demand hearings – Requirements for a Contract – Costs awarded on 2B basis BENTZEN FARM LTD V BAYLEY & ANOR HC WHA CIV-2008-488-653 22 September 2008 Application for Judicial Review – Enforcement of Determination – Interim Relief – Financial Instability – Application to proceed to full hearing BILL HAMILTON AND ANOR V DISPUTES TRIBUNAL AND ANOR HC DUN CIV 2007-412-000861 8 October 2008Application for Judicial Review – Jurisdiction of Disputes Tribunal – Breach of natural justice - Prejudice to parties – Conduct of hearing BILLS AND ANOR V ARNOLD JENSEN (2005) LIMITED HC CHCH CIV 2008-409-001349 10 October 2008Adjudication - Payment Dispute - Payment Claim - Residential Occupier - Payment Schedule - PO Box - Service of Notices under Construction Contracts Act MA COLES V B BARNETT HC NAP CIV 2008-441-422 10 October 2008Application for Summary Judgment – Payment Claim – Payment Schedule – Charge up contract AKV2 LIMITED V AUCKLAND CONCRETE HOMES LIMITED HC AK CIV 2008-404-005972 24 October 2008Application for withdrawal of a Caveat – Caveat entered notwithstanding the offer to pay money into a trust account – Prejudice to parties – Provision of Security – Caveat removed by order of the Court HEB CONTRACTORS LIMITED V REDHILL DEVELOPMENT(NZ) LIMITED HC AK CIV 2008-404-004398 7 November 2008Application for Summary Judgment – Award of Costs – Costs to be paid by party who discontinues proceedings – Referral to Arbitration ARNOLD JENSEN (2005) LIMITED V TREVOR JAMES BILLS AND ANOR HC CHCH CIV 2008-409-001349 26 November 2008Application for leave to appeal to Court of Appeal – Issue of Payment Claims to PO Box – Service of Payment Claims – Residential occupier forms – Section 67 Judicature Act 1908 – Merits of case – Quantum in dispute – Public Interest - Cost of appeal – Application for leave to appeal unsuccessful AUMUA V LAMBETH CONSTRUCTION LIMITED (TRADING AS FIX IT BUILDING SERVICES) HC AK CIV 2008-404-007791 16 December 2008Application for leave to appeal – Summary Judgment – Delay in filing application – Consideration of the merits – Application for leave refused 2009HAWKINS CONSTRUCTION LTD V ECOSSE AFRIQUE ENTERPRISES LTD HC WN CIV 2008-485-2327 25 February 2009 Application for summary judgment – Part of debt disputed – Payment Claim – Payment Schedule – Service of Payment Claim – Service provisions in contract – Contracting out of the Act – Arguable defence raised INVENT SOLUTIONS LIMITED V CHAN DEVELOPMENTS TRUSTEE LIMITED HC WN CIV 2008-485-2834 1 April 2009Application for Summary Judgment – Payment Claims – Payment Schedule – Requirements for valid Payment Schedule NZ WINDFARMS LIMITED V CONCRETE STRUCTURES (NZ) LIMITED HC ROT CIV 2008-463-566 7 April 2009 Application to stay liquidation proceedings – Dispute – Requirement to send notice in accordance with Contract – Technical breach of requirements – Solvency SOLUTION TEXTURES LIMITED V COLEMAN HC AK CIV 2009-404-001052 23 April 2009Appeal against costs award – Summary Judgment granted – Actual costs to follow the event – Appeal successful KALPANA PATEL V PEARSON GROUP LIMITED HC WN CIV 2008-485-2571 24 April 2009Opposition to application to enforce judgment - Jurisdiction of Adjudicator – Correct parties to contract – Application refused THYLACINE CONSTRUCTION V CAPITAL MERCHANT FINANCE LIMITED AK CIV 2008-404-7683 7 May 2009Appeal against summary judgment – Reliance on priority as first mortgagee – Estoppel NASH PROPERTIES LIMITED V HARRIS HOLDINGS CONSTRUCTION LIMITED HC AK CIV 2009-404-001013 11 June 2009Application to set aside statutory demand – Genuine dispute as to whether amount claimed is due – Payment Claim – Payment Schedule – Interest - Counterclaim – Set-Off GREYS AVENUE INVESTMENTS LTD V HARBOUR CONSTRUCTION LTD HC AK CIV 2009-404-002026 12 June 2009 Application to set aside statutory demand – Payment Claim – Payment Schedule – Service of Payment Claim – Timing of Application to set aside statutory demand – Counterclaim – Set-Off – Existence of dispute SPARK IT UP LIMITED V DIMAC CONTRACTORS LIMITED AND ANOR HC WN CIV-2008-485-1706 12 June 2009 Application for judicial review – Jurisdiction of Adjudicator – Natural Justice – Unreasonableness – Wrong invoices referred to Adjudicator – No opportunity to respond to amended claim – Consequences of acting in excess of jurisdiction SOLUTION TEXTURES LIMITED V COLEMAN AND COLEMAN HC AK CIV 2009-404-001052 1 July 2009 Application for costs – Costs associated to post-hearing matters are not recoverable – Actual and reasonable costs of summary judgment – Costs awarded MUDGWAY V THE WINDOW COMPANY (2003) LIMITED HC AK CIV 2008-404-5818 1 July 2009Appeal against application to set aside judgment – Costs awarded on 2B basis – Costs award made in open court or chambers – Implication of cost award being made in open court PLIMMERTON COURTYARD LIMITED V MA FRANKLIN HC WN CIV 2008-485-2613 2 July 2009Application for interim relief – Judicature Act – Suspension – Bankruptcy – Adjudication – Judicial Review – Payment Claim – Payment Schedule – Costs – Application for interim relief successful PLIMMERTON COURTYARD LIMITED V KEITH RICHARD HUNTINGTON AND ANOR HC WN CIV 2009-485-772 14 July 2009 Application for interim relief under Judicature Act – No dispute to refer to adjudication – Refusal to pay money even though due and owing – Suspension of Contract – Rights and Obligations where have a determination HOLMES CONSTRUCTION WELLINGTON LTD V REES HC AK CIV 2006-404-004219 17 July 2009 Application to set aside bankruptcy notice – Section 74 – Determination to be enforced as judgment - Insolvency Act REDHILL DEVELOPMENT (NZ) LTD AND ORS V GREEN AND ANOR HC AK CIV-2009-404-3784 5 August 2009Application for Judicial Review – Jurisdiction of Adjudicator – Payment Claim – Payment Schedule – Failure to provide Payment Schedule – Associates – Landowners associated with the developer – Section 50 Construction Contracts Act MAGSONS HARDWARE LIMITED V DORIC INTERIORS & CONSTRUCTION LIMITED HC AK CIV 2008-404-006861 10 August 2009Application to set aside statutory demand – Payment Claim – Payment Schedule – Parties to the Contract – Prejudice – Application successful – Costs awarded on 2B basis AKV2 LIMITED V AUCKLAND CONCRETE HOMES LIMITED HC AK CIV 2008-404-005972 31 August 2009Costs – Discharge of solicitors undertaking to hold costs – Removal of caveat – Was there an entitlement to costs – Costs awarded MACRITCHIE V TRUSTEES EXECUTORS LIMITED HC WN CIV-2009-485-1563 26 August 2009Appeal against decision not to award summary judgment – Payment Claim – Payment Schedule – Trustees – Security for costs – Leave to appeal granted FOGGO AND ORS V R J MERRIFIELD LIMITED HC CHCH CIV-2009-409-000605 21 September 2009Appeal against summary judgment – Payment Claim – Payment Schedule – Construction Contracts Act payment regime – Errors in payment claim – Invalid payment claim – Is email sufficient as Payment Schedule – Estoppel – Appeal unsuccessful AINSWORTH & COLLINSON LIMITED V G JOHN AND LD EDUMUNDS HC NAP CIV-2009-441-348 7 October 2009Application to set aside a statutory demand – Home owners seeking summary judgment against builder – Architect – Payment Claim – Payment Schedule – Failure to respond to Payment Claim – Recovery of Debt Due OROPI PARK LTD V A & R BETHLEHEM HEIGHTS LTD HC TAU CIV 2009-470-000287 8 October 2009Appeal against summary judgment – Civil Construction – Set-Off – Abatement REDHILL DEVELOPMENT (NZ) LTD AND ORS V R J GREEN AND ANOR HC AK CIV 2009-404-005417 22 October 2009Application for interim orders pending appeal – Judicial Review – Challenge to jurisdiction of adjudicator – Application to stay proceedings – Application unsuccessful – Costs awarded CANAM CONSTRUCTION (1955) LTD V LAHATTE AND ANOR HC AK CIV 2009-404-461 30 October 2009Application for judicial review of determination – Jurisidction of adjudicator – Duty of adjudicator to give reasons – Purpose of the Construction Contracts Act – Contract - Quautum Meruit - Natural justice – Error of Law – Application dismissed – Costs awarded GILL CONSTRUCTION COMPANY LIMITED V ROSS BUTLER HC WN CIV-2009-406-203 2 November 2009Liquidation – Statutory demand not paid – Construction Contracts Act regime – Statutory demand regime – Application to restrain advertising – Application granted PETTERSON AS LIQUIDATOR OF KARA GROUP LTD (IN LIQUIDATION) V GATLEY AND ANOR HC AK CIV 2009-404-3117 9 November 2009Judicial review of adjudicator determination – Fees of the Adjudicator – Principles of natural justice - Counsel conferred and agreed determination could not stand – Judicial review successful BAVERSTOCK DEVELOPMENTS LIMITED V HOUSING NEW ZEALAND LIMITED HC AK CIV 2009-404-004917 23 November 2009Application for summary judgment – Requirements under the contract – Variations – Arguable defences – Set-Off – Counterclaim SANDRA LYNN MORRISON-LOVE V THERMOCRETE LIMITED HC NWP CIV-2009-443-156 23 November 2009Application to set aside judgment – Default judgment – Settlement – Compromise of the entire debt – No dispute CONCRETE STRUCTURES (NZ) LIMITED V NEW ZEALAND WINDFARMS LIMITED AND ANOR HC CHCH CIV 2009 409 002301 24 November 2009Application to Strike out - Protest to jurisdiction of the Court – NZS3910 - Contract has dispute resolution mechanisms to be followed – Notice to refer dispute to mediation – Timeframe for referral to mediation – Application to strike out successful NORTHERN HOLDINGS LIMITED V EAGLEN HOMES CONSTRUCTION LIMITED HC AK CIV 2009-404-004075 16 December 2009Application to set aside statutory demand – Costs – Actual and reasonable costs – Costs of $7,164 plus GST awarded CUBE BUILDINGS SOLUTIONS LIMITED V THOMAS FREDERICK MAZLIN KING AND JUDITH RUTH KING HC CHCH CIV 2009 409 000034 17 December 2009Application for summary judgment – Payment Claim – Payment Schedule – Arguable defence – Application denied 2010ORIGIN ENERGY RESOURCES (KUPE) LIMITED V TENIX ALLIANCE NEW ZEALAND LIMITED AND ANOR HC AK CIV 2010-404-00106 19 January 2010 Application for interim injunction – Jurisdiction of adjudicator – Referral of disputes to arbitration – International Arbitration – Judicial Review FOGGO AND ORS V R J MERRIFIELD LIMITED HC CHCH CIV-2009-409-000605 8 February 2010Application for leave to appeal High Court Decision – Payment Claims – Errors in Payment Claims – Public importance of issue of invalid payment claims – Will appeal be determinative of the issues between the parties – Application for leave to appeal and cross-appeal declined 79 MANNERS STREET LIMITED V BJ PYE SHEET METALS LIMITED HC WN CIV-2008-485-1907 10 February 2010Application to set aside statutory demand – Genuine dispute about whether the debt is due – Limitation Act – Statute barred as outside 6 year period – Counterclaim - Set-Off LUXTA LIMITED V CAPITAL CONSTRUCTION LIMITED HC WN CIV-2009-485-1957 10 February 2010Application to set aside statutory demand – Abuse of process – Statutory demand cannot be used to collect a debt – Payment Claim – Payment Schedule – Consequences of failure to issue a Payment Schedule CLAVERDON DEVELOPMENTS LTD V HOUSING NEW ZEALAND LTD HC AK CIV-2009-404-007159 19 February 2010Application for removal of a caveat – Payment Claim – Payment Schedule – Notice of Default – Construction Contracts Act - Land Transfer Act – Caveatable Interest – Application successful ANDREW LAWSON BUILDING LTD V JP SWENNEN & V GIELEN HC BLE CIV-2009-406-286 19 February 2010Application for summary judgment – Payment Claim – Due date for payment – Payment Schedule – Construction Contracts Act payment terms – Contractual payment terms – Transfer of summary judgment to ordinary proceedings HOUSING NEW ZEALAND LIMITED V CLAVERDON DEVELOPMENTS LIMITED HC AK CIV-2009-404-6292 19 February 2010Application to set aside statutory demand – Section 290 Companies Act – Genuine dispute as to whether money owed – Costs YUN CORPORATION LIMITED V YQT LIMITED (FORMERLY CANAM CONSTRUCTION (1955) LIMITED) HC AK CIV 2009-404-007656 26 February 2010Application to restrain advertising of liquidation proceedings – Proof of solvency – Money paid into trust account – Arbitration – Payment not required in the circumstances NEWSOME V RAY DENNIS CONSTRUCTION LIMITED HC HAM CIV-2009-419-001467 9 March 2010Appeal against District Court decision - Identity of parties to contract – Liquidation of parties – Review of decision – Judge applied wrong test to facts before Court MACENNOVY TRUST LTD V SEFTON CONSTRUCTION LTD (IN LIQUIDATION) HC AK CIV-2009-404-007659 28 April 2010Statutory demand – Construction Contracts Act – Section 23 – Summary judgment not statutory demand correct procedure – Recall of judgment – Section 79 – Order setting aside statutory demand recalled – Costs awarded DONOVAN DRAINAGE & EARTHMOVING LTD V HALLS EARTHWORKS LTD (IN LIQUIDATION) HC AK CIV-2010-404-29 3 May 2010Application for interlocutory directions – Affidavits – Purpose of Construction Contracts Act DRIFTWOOD DEVELOPMENTS LIMITED V PIMLICO PROPERTIES LIMITED HC CHCH CIV-2010-409-000301 3 June 2010 LUND SOUTH LIMITED V AAA TOUGH PLUMBING & DRAINAGE LIMITED HC DUN CIV 2009 412 000949 4 June 2010 JACK TAGGART AND PATRICIA TAGGART V JIM VISSER LIMITED HC AK CIV-2010-404-3149 30 July 2010 CANAN CONSTRUCTION LTD V ORMISTON HOSPITAL INVESTMENT LTD HC AK CIV 2010-404-000291 10 August 2010 MOYLE CONSTRUCTION LIMITED V STOLLERY & ORS HC TAU CIV 2009-470-889 12 August 2010 CONSTRUCT INTERIORS NZ LIMITED V JONES AND ANOR HC AK CIV-2010-404-897 23 August 2010 MAGSONS HARDWARE LIMITED AND ANOR V PRITISH PATEL AND ANOR HC AK CIV-2010-404-2891 10 September 2010 REDICAN ALLWOOD LIMITED V RAB CONTRACTING LIMITED HC WN CIV-2010-485-912 9 November 2010 CONCRETE STRUCTURES (NZ) LTD V INFRAMAX CONSTRUCTION LTD HC HAM CIV-2010-419-909 9 November 2010 DONOVAN DRAINAGE & EARTHMOVING LTD V HALLS EARTHWORKS LTD HC AK CIV-2010-404-000029 10 November 2010 REAL COOL HOLDINGS LTD & REAL COOL LTD V PAGE & MACRAE LTD HC TAU CIV-2010-470-685 12 November 2010 KARIITI LTD V DONOVAN DRAINAGE & EARTHMOVING LTD HC WHA CIV-2010-488-000613 19 November 2010 CONCRETE STRUCTURES (NZ) LTD V INFRAMAX CONSTRUCTION LTD HC HAM CIV-2010-419-909 17 December 2010 LUXTA LIMITED V PARAGON BUILDERS LIMITED HC WN CIV-2010-485-1825 17 December 2010 2011P R JOLLANDS AND R T JOLIFFE V MITCHILL COMMUNICATIONS LTD HC AK CIV-2009-404-008146 18 January 2011 CHOW GROUP LTD V JOHN GEOFFREY WALTON AND CLEARWATER CONSTRUCTION LTD CIV-2011-404-3148 9 June 2011 NCB 2000 LTD V HURLSTONE EARTH MOVING LTD civ-2010-404-008096 23 June 2011 BRC LIMITED V R PATEL & NG PATEL HC WN CIV-2011-485-1322 11 November 2011 EXAPL LTD and ANOR v PACT GROUP (NZ) LTD HC AK CIV-2011-404-005919 12 December 2011 STEPHEN MACKFALL V GORDON AND KATHRYN BEATTIE HC WN CIV 2011-485-82 [22 December 2011]
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