3 Mar 2023
A.C.N. 634 927 469 PTY LTD v FAWCET [2023] NZHC 381
- Citation
- [2023] NZHC 381
- Court
- High Court
Summary judgment was refused because the Facility Agreement contained genuine and material issues of contractual interpretation as to how the 'Maximum Borrower Liability' operates and whether it fixes the Borrower’s repayment obligation prior to realisation of assets; the plaintiffs' interpretation was not indisputably correct and the guarantors had a reasonably arguable defence such that there was a real question to be tried.