19 Jun 2007
A J MCPHERSON & ASSOCIATES LIMITED TRADING AS RAY WHITE MERIVALE V NEW ZEALAND TRUSTEE SERVICES LIMITED (AS TRUSTEES FOR MONTGOMERY TRUST) AND ANOR HC CHCH CIV-2006-409-002715
- Citation
- openlaw-51374199_99ea_426e_a6f2_038b61c53d9d.pdf
- Court
- High Court
On the affidavits and documentary record the sale was entered into during the agency period and the defendants' claim of a collateral oral agreement was inconsistent, inadequately supported and contrived such that the court would not admit or act on it to defeat the written agency; accordingly summary judgment entered against New Zealand Trustee Services Limited for the net commission with interest. However the form and context of the authority indicated the signatory signed on behalf of the trust and did not give a personal guarantee, so summary judgment against Mr O'Neil personally was dism…