30 Apr 2013
ANZ BANK LIMITED V HOLT HC WHA CIV-2012-488-676
- Citation
- openlaw-a9f70e27_e59f_46e4_b216_0b2a1981b98e.pdf
- Court
- High Court
The bank had not validly cancelled the December 2011 agreement because time for performance of the essential terms was not of the essence and the bank did not effectively make time of the essence by proper notice; therefore the December 2011 arrangement remained on foot and the defendants have an arguable defence to the bank's claim, so summary judgment is denied.