31 Aug 2016
The deed did not constitute a new credit contract under s6 because it did not provide fresh credit but merely altered the timing and amounts of repayments under an existing loan; therefore no fresh disclosure was required and the District Court's summary judgment and quantum were upheld.
11 Jun 2012
Summary judgment was refused because, although the plaintiff established a prima facie contractual right to rent, the defendant produced sufficient evidential material on promissory estoppel (promise, reliance and detriment in the specific familial/commercial context) to raise a real question to be tried; however an express lease clause barring deductions or set-off prevents asserted set-offs and the plaintiff\'s contractual interest claim stands subject to the estoppel defence outcome.
12 Oct 2009
The December 2002 arrangement was a forbearance agreement: in exchange for $2,000 per month the plaintiff agreed to delay enforcing its existing admission and agreement but did not release the defendant from his personal guarantee; because the defendant defaulted the plaintiff was entitled to enforce the earlier judgment obligations.
19 Oct 2007
The court was satisfied the defendant did not have an arguable defence: the promise to pay was not conditional as claimed, there was sufficient consideration in plaintiff's forbearance (releasing trust funds and related concessions) and the agreement to vary payment by deduction of the US$79,000 designer fee, and summary judgment was therefore appropriate for NZ$587,738 with interest and costs.
16 Jun 2006
On the balance of probabilities the cheque was given with the intention of obtaining forbearance/time for Venture and surrounding circumstances and close relationship supported that inference; therefore there was consideration for the cheque and the defendant failed to establish a reasonably arguable defence to the summary judgment claim.