19 Jul 2017
STONEWOOD HOMES NZ (CHCH) FRANCHISOR LTD v METTRICK [2017] NZHC 1659
- Citation
- [2017] NZHC 1659
- Court
- High Court
The Court held the defendants' clause 1(a) guarantee was limited to debts incurred 'under this agreement', i.e. the initial three year term of the franchise agreement to 14 March 2011; there was no pleaded or evidential foundation that the parties renewed or validly varied the agreement so as to bring subsequent debts within that phrase; provisions describing the guarantee as continuing and excluding release on indulgence do not extend the temporal scope of the clause 1(a) debt guarantee; accordingly defendants entitled to summary judgment.