26 Sept 2019
MURRAY v BAXTER [2019] NZHC 2444
- Citation
- [2019] NZHC 2444
- Court
- High Court
The Variation, read with the SPA and loan agreement, incorporated an express contractual exclusion (and by clear implication continued exclusion) of any right of set-off; therefore the defendants, as guarantors, had no available set-off defence and summary judgment awarding the undisputed debt was appropriate; the defendants failed to show a probable and substantial miscarriage of justice warranting refusal of summary judgment or a stay of execution.