7 Nov 2022
BENHAR PROPERTIES LTD v CHURCH [2022] NZHC 2904
- Citation
- [2022] NZHC 2904
- Court
- High Court
The contractual deeds executed by the parties and the registered mortgage established that Mr Church (not the Trust) was the creditor and that Benhar and Ellis acknowledged indebtedness and granted security; allegations about the source of funds and cancellation of the guarantee lacked substance; PLA notices were valid (any clerical overclaim was corrected) and delay was not unreasonable; Benhar failed to show a serious question to be tried so interlocutory relief was not available.