2 Dec 2009
WESTPAC NEW ZEALAND LIMITED V DEAN RICHARD GORDON AND ANOR HC AK CIV 2009-404-003873
- Citation
- openlaw-2d9004c3_b9b2_4ed4_bdfa_79b3b3aa0c05.pdf
- Court
- High Court
The Court concluded the new loan agreement was formed: the signatures (including Mrs Gordon's) and subsequent verbal confirmation amounted to acceptance; there was no sufficient evidential conflict to deny summary judgment; the interest rate was not shown to be oppressive under s118 CCCFA; alternatively, even if Mrs Gordon were not bound by the new loan she remained liable under prior loan agreements; accordingly Westpac was entitled to judgment against both defendants jointly and severally.