29 Oct 2020
CARTERS v CANCIAN [2020] NZHC 2838
- Citation
- [2020] NZHC 2838
- Court
- High Court
The deed was clear, unconditional and irrevocable and expressly excluded discharge by variation; Carters' standard terms permitted alteration of credit limits without notice; the court preferred Carters' witnesses over the guarantor, found no actionable misrepresentation or coercion, and held the unilateral increase of the credit limit did not discharge the guarantor, so guarantor liable for full outstanding debt with interest and costs.