13 Dec 2011
KIWIBANK LIMITED V JAIN AND CHAHIL HC AK CIV-2010-404-4410
- Citation
- openlaw-0bbc8932_5070_479b_9009_b95a309bb39e.pdf
- Court
- High Court
No substantial ground of defence was established: evidence did not support an unqualified agreement to extend the facility (9 November letter was conditional and Ortus recommendation discretionary) and between 30 October and 17 November 2009 Kiwibank became entitled to call up the debts due to established breaches (unauthorised second mortgage, supplier dispute affecting performance, admissions of inability to pay); accordingly summary judgment was regularly obtained and should not be set aside.