30 Sept 2004
PETERS V NZHB HOLDINGS LTD CA CA207/03
- Citation
- openlaw-4dd7a4e0_3ca7_455b_bfa9_9e07cfbdb914.pdf
- Court
- Court of Appeal
The deed is an indemnity (not a guarantee); extensions of time granted to the purchaser did not discharge the indemnifier; no term could be implied into the deed preventing NZHB from granting extensions under the BP Refinery tests; the appellant was estopped from denying his consent to the extensions given his own conduct; summary judgment was therefore correctly entered and the appeal is dismissed.