New Zealand Case Law: Decisions & Judgments

Topic

Execution of deeds

Legal area

Court

29 Nov 2013

ANZ BANK NEW ZEALAND LIMTED v CALVERT [2013] NZHC 3169

Citation

[2013] NZHC 3169
Court

High Court

The Court had jurisdiction to review the Associate Judge's chambers decision; the Calvert Guarantee was enforceable despite imperfect deed formalities because the parties objectively intended to be bound and consideration existed as a continuing guarantee covering later advances; the 2009 loan agreements were secured by that continuing guarantee; the Bank was not required to serve a s122 PLA notice on Mr Calvert in relation to CFNZ's Hot Water Beach mortgage and, in any event, he suffered no prejudice; accordingly the review application was dismissed.
3 Jul 2013

ANZ BANK NEW ZEALAND LIMITED (formerly ANZ NATIONAL BANK LIMITED) v CALVERT [2013] NZHC 1624

Citation

[2013] NZHC 1624
Court

High Court

The defendant failed to establish an arguable defence: the 2007 guarantee, though not executed as a deed, was intended and interpreted as a continuing enforceable contractual guarantee supported by consideration and extending to future advances; s122 PLA did not require notice to the defendant in respect of the CFNZ mortgage because he was not a covenantor of that mortgage; accordingly there was no miscarriage of justice and the application to set aside summary judgment was dismissed.
21 Apr 2011

E V N HC WHA CIV-2010-488-000767

Citation

openlaw-83bde29b_473d_4726_bd9d_97af4985d468.pdf
Court

High Court

The appeal was dismissed because the High Court found on the balance of probabilities that the appellant had signed the agreement in the presence of the solicitor witness whose evidence was credible, satisfying the statutory execution requirements for a deed, and that although the respondent applied pressure, that pressure was lawful and not illegitimate so as to amount to duress; the appellant had time to consider the agreement, was of mature age, could have sought advice, and acted in accordance with the agreement thereafter, so it was binding.
21 Apr 2008

PIONEER INSURANCE COMPANY LIMITED V WHITE HERON MOTOR LODGE LIMITED HC NAP CIV 2007-441-1014

Citation

openlaw-7f6317dd_ccd8_4acd_90f0_37fb3613b6dd.pdf
Court

High Court

The Guarantee Agreement was enforceable as a contract supported by consideration such that s 180(1)(b) applied; Mr Anderson had actual authority (and shareholders had concurred) to bind the company; consequently there was no substantial dispute as to liability and the application to set aside the statutory demand fails.

New Zealand Case Law

ANZ BANK NEW ZEALAND LIMTED v CALVERT [2013] NZHC 3169

ANZ BANK NEW ZEALAND LIMITED (formerly ANZ NATIONAL BANK LIMITED) v CALVERT [2013] NZHC 1624

E V N HC WHA CIV-2010-488-000767

PIONEER INSURANCE COMPANY LIMITED V WHITE HERON MOTOR LODGE LIMITED HC NAP CIV 2007-441-1014