25 Oct 2006
JANSSEN V CITYWIDE HAM CIV.2005-419-1565
- Citation
- openlaw-0c429a8f_1d4b_4f03_aa07_dc11e6b09749.pdf
- Court
- High Court
The plaintiffs failed to prove any binding oral agreement, misrepresentation, negligence or equitable estoppel by defendants; the Credit Contracts Act claims failed because the loan terms and conduct were not oppressive given the high‑risk commercial context and legal advice to the borrowers; the 29 March 2001 agreement contained an agreement to mortgage amounting to an equitable mortgage and, in absence of agreed terms, the Fourth Schedule to the Property Law Act 1952 supplies the implied terms; Citywide Capital was entitled to judgment on its contractual counterclaim for sums owing with int…