Claiming to be meat in the sandwich, Auckland property developer Era Home Ltd refused to pay for insulation work alleging it was tricked, thinking its contract was with a long-term supplier, not one of the supplier’s former employees who allegedly sneaked in a quote of his own for the job.
The High Court ruled that Apex Success Ltd, associated with Dingfeng Lin, was entitled to payment having done the work, regardless of whatever claims Lin’s former employer may have against him for allegedly poaching work.
Evidence was given of Era Home frequently using West Auckland supplier SNUG Insulation Ltd for sub-contracted insulation work. Dingfeng Lin, known as Frank, was a SNUG employee.
Era Home was not surprised when a March 2023 email came in from Mr Lin’s email address quoting for insulation work at an Era development on Auckland’s North Shore in Forrest Hill.
Era had received an earlier quote some four months previously, also from Mr Lin’s email address, submitting a quote on behalf of SNUG Insulation.
What differed with the later March 2023 quote was an absence of any reference to SNUG; the supplier was named as Apex Success Ltd. GST number and bank account details differed from those for SNUG.
Era Home was to later tell the High Court it simply assumed SNUG had re-branded as Apex Success.
After the job was done, Era Home refused to pay Apex’s invoice, claiming it was a SNUG job. Compounding the problem was the fact SNUG staff did some of the work, apparently subcontracted by Apex.
It is an Apex contract, Associate Judge Lester ruled.
The March 2023 emailed quote is clearly from Apex. An Apex-styled logo is used. The email is signed off with ‘Thanks Apex Success Ltd.’
Era Home accepted this quote in having the work done by Apex.
It was ordered to pay a $25,760 Apex invoice within ten days, or face liquidation for non-payment.
Companies Office files record Apex’s owner as Jiehui Cai.
Era Home Ltd v. Apex Success Ltd – High Court (12.03.26)
26.100