4 Apr 2019
DOWNTOWN HOUSE (NO.2) LIMITED v ENSOM [2019] NZHC 724
- Citation
- [2019] NZHC 724
- Court
- High Court
The creditor's 10 May 2018 communication terminated any informal holding over, making the loan payable from that date and permitting charging of default interest; on that basis the plaintiff proved an undisputed liability under the guarantee and summary judgment was granted for $1,842,651.74; leave to join the third party now was refused because the plaintiff should not be delayed, and the defendant may pursue contribution/indemnity against the third party in subsequent proceedings or join as of right to the remaining claim.