24 Aug 2021
CANCIAN v CARTERS, a division of Carter Holt Harvey Limited [2021] NZCA 397
- Citation
- [2021] NZCA 397
- Court
- Court of Appeal
The Court held there was no variation because clause 2.2 expressly permitted CARTERS to set or alter credit limits without notice; alternatively, even if the change to the credit limit was a variation, clause 5(b) of the guarantee was an effective anti-discharge provision covering such changes (including extensions of credit), so the guarantor remained liable; therefore the appellant had no defence and the appeal was dismissed.