Justice Wylie says repeat attempt to file amended claim in struck-out case is ‘not on’.
The High Court has once again rejected former NZX aspirant Optimizer HQ’s latest attempt to amend its statement of claim, telling the tech company to “get their house in order” should it or anyone else wish to file fresh proceedings.
The tech company, which provided mobile credit card payments services, was founded by Auckland businessman Manas Kumar. He alleged the Bank of New Zealand and listed Eftpos equipment provider Smartpay conspired in 2015 to cause it harm over its Swipe HQ service.
But Auckland judge Ed Wylie found for the defendants mid-last year, striking out all seven of the company’s causes of
High Court says receiving today’s eleventh-hour application yesterday would’ve been better.
Former NZX aspirant Optimizer HQ has withdrawn a bid to set aside debt totalling more than $16,000, for which listed Eftpos equipment provider Smartpay claimed it was owed.
The Auckland High Court was set to hear the tech company, founded by Auckland businessman Manas Kumar, argue Smartpay’s statutory demand should be set aside.
But minutes before the hearing, the creditor’ lawyers David Chisholm, Queen’s Counsel, and James Ryan were notified that Optimizer HQ was withdrawing the application.
Justice Christian Whata asked Optimizer HQ’s counsel, Marie Taylor-Cyphers, to confirm the memo he had received.