New Zealand Dairy Processing Limited v Schenker (NZ) Limited - SC 55/2012

Civil – Statutory demand – Companies Act 1993, s 290(4)(b) – Whether the Court of Appeal erred in finding that management services were provided under a logistics and warehouse agreement – Whether the Court of Appeal erred in implicitly holding that further terms could be imposed in relation to the provision of services by virtue of statements made in invoices issued after the terms on which the provision of services had been agreed – Whether the Court of Appeal set the evidential threshold for counterclaim too high. [2012]NZCA 343  CA  859/2011