8 Sept 2016
ANZ BANK NEW ZEALAND LIMITED v NGUY [2016] NZHC 2129
- Citation
- [2016] NZHC 2129
- Court
- High Court
The Deed contained an express unambiguous acknowledgement of personal liability arising from the Guarantee and, absent fraud, illegality or valid grounds for rescission, estopped the defendant from denying liability; alleged misrepresentations were legal opinion, not actionable inducements, and claims under the CCCFA and for breach of s176 lacked arguable evidential basis—therefore no real defence existed and summary judgment was appropriate for the claimed sum.