Fletcher Construction Company Limited v Spotless Facility Services (NZ) Limited

[2020] NZHC 780

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2020-404-572

[2020] NZHC 780

BETWEEN

THE FLETCHER CONSTRUCTION COMPANY LIMITED

Applicant

AND

SPOTLESS FACILITY SERVICES (NZ) LIMITED

Respondent

Hearing:

17 April 2020

Appearances:

A M Callinan for Applicant

S C Price, J K Stewart and R A Donald for Respondent

Judgment:

21 April 2020

RESULTS JUDGMENT OF PETERS J

This judgment was delivered by Justice Peters on 21 April 2020 at 4 pm pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar Date: ...................................

Solicitors:           Simpson Grierson, Auckland

MinterEllisonRuddWatts, Auckland

THE FLETCHER CONSTRUCTION COMPANY LTD v SPOTLESS FACILITY SERVICES (NZ) LTD [2020] NZHC 780 [21 April 2020]

[1]    On 17 April 2020, I heard the applicant’s (“FCC”) application for interim relief of 16 April 2020 (“application”), on a Pickwick basis. The respondent (“Spotless”) was heard, but on very short notice.

[2]This is a results judgment. My reasons will follow shortly.

[3]    Pending further order of the Court, pursuant to s 24A(2)(e) Construction Contracts Act 2002, I order Spotless to lift its suspension on notification to Spotless that FCC has deposited the amount of payment claim 44 ($2,067,715.86 excluding GST) with a stakeholder, to be held on interest bearing deposit, and to be disbursed in accordance with further order of the Court.1

[4]I reserve leave to apply.

Peters J

1      Counsel advise me Bell Gully is the agreed stakeholder.