11 Feb 2008
C A SANSON V PARVAL MARKETING LTD AND ORS HC AK CIV 2006-404-7231
- Citation
- openlaw-b828c48e_571b_450d_864e_b310f303abda.pdf
- Court
- High Court
The Court found on the facts that Bertrand Gachot gave an unconditional personal guarantee to Parval for payment of NZ$190,544.48; EFIL's and Parval's legal and equitable interests in the debt and the guarantee were absolutely assigned to Sanson by deed dated 16 March 2007; written notice of assignment was given to Gachot on that date satisfying s130 Property Law Act 1952; accordingly Sanson could sue in his own name and judgment was entered for NZ$190,544.48 against Razzmattaz Pty Ltd (principal) and Bertrand Gachot (guarantor); HMM was not a guarantor.