New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Application of clayton's case

Legal area

Court

3 Nov 2015

HEARTLAND BANK LIMITED (FORMERLY MARAC FINANCE LIMITED) v VERO LIABILITY INSURANCE LIMITED [2015] NZSC 168

Citation

[2015] NZSC 168
Court

Supreme Court

Leave to appeal was dismissed because the disputed issue (whether intention required subjective desire) was not a point of law of general or public importance but a factual disagreement about application of the policy to the facts; the Court of Appeal did not require subjective desire to establish intent and there was no risk of miscarriage of justice.
5 Oct 2012

BANK OF NEW ZEALAND V SHUKLA HC AK CIV-2012-404-2219

Citation

openlaw-c3230b14_544d_4005_9a6d_1a5d8215515e.pdf
Court

High Court

The written guarantee, including its incorporated schedule, unambiguously extended to future indebtedness; the bank's requirement to reduce the overdraft and ultimate demand for repayment were commercially justified by the company's deteriorating finances and did not amount to bad faith or conduct discharging the guarantor; promissory estoppel did not bar enforcement because the bank retained and validly exercised its contractual rights and had given notice and opportunity to remedy; accordingly there was no arguable defence and summary judgment was ordered for the bank.