26 Apr 2018
PATRICK v BANK OF NEW ZEALAND [2018] NZCA 122
- Citation
- [2018] NZCA 122
- Court
- Court of Appeal
The Court declined to admit the proposed further evidence because it was neither cogent nor fresh; the no set-off clause in the appellant's guarantee precluded the asserted counterclaims/set-offs; the CCCFA reopening remedy was statute-barred by s125(3); other asserted legal bases (enforceable NZBA Code duties, PPSA breaches, lender liability, bank liability for receivers) were untenable; accordingly the appeal was dismissed.