31 Jan 2008
D K RUPA & ORS V BANK OF NEW ZEALAND HC AK CIV 2006-404-005881
- Citation
- openlaw-2c3e6984_c8f9_41a4_bf15_f7204ba480e7.pdf
- Court
- High Court
The court held as a matter of law that electronic crediting of the plaintiffs' bank accounts constituted a valid advance of money and created a chose in action equivalent to provision of cash; there was no evidential basis that BNZ had securitised the plaintiffs' loans; the plaintiffs' pleaded causes of action (based on alleged lack of hard currency, securitisation, promissory note characterisation, and disclosure breaches) were untenable or unsupported by evidence; s92 notices were adequately authenticated; accordingly BNZ was entitled to summary judgment on the plaintiffs' claim and on its…