Posts Tagged ‘Payment Claim’

CCA – “residential occupier” has to occupy the premises!

The recent decision High Court decision of Welsh v Gunac South Auckland Limited, serves as a timely reminder as to the power of the Construction Contracts Act 2002 (CCA) and that to be a ‘residential occupier’ as under the CCA you need to prove your occupation of the premises. For a payment claim to be [...]

High Court Conflict of Authorities

Construction Contracts Act 2002 and statutory demands It had been clear law following the decision of Volcanic Investments Ltd v Dempsey & Wood Civil Contractors Ltd that a set off or counterclaim could not be used as a mode of setting aside a statutory demand made upon a company where the statutory demand was based on an [...]