12 Jul 2019
UTATAO v BISHOP WARDEN LTD [2019] NZHC 1633
- Citation
- [2019] NZHC 1633
- Court
- High Court
On an objective construction of the short form agreements (including the sub‑heading designations above the signatures and clauses 8–8.3), the appellant signed in a dual capacity including as a personal guarantor; the deed of assignment transferred the legal and beneficial interest in the debts and was valid under the Property Law Act; there was no real defence to the respondent's claim so summary judgment was properly granted and the appeal was dismissed.