Smith & Smith Glass Ltd v Winstone Architectural Cladding Systems Ltd - [1992] 2 NZLR 473

Contract — Building contract — Time for payment — Subcontract between two companies working on a major downtown office development — Head contractor in receivership — Subcontractor not paid — Liable party claiming that terms of contract meant it was not required to pay subcontractor until it itself had been paid by head contractor — Whether contractual terms should be interpreted as relating only to time payment had to be made rather than as to whether payment had to be made at all — Change of ownership of contracting party — Contracting party referred to in various ways in documentation relating to contract — Whether in any event party sued was the proper defendant.