2 Oct 2015
DOMINION FINANCE GROUP LIMITED (IN RECEIVERSHIP & LIQUIDATION) v T M O'HALLORAN AND J C T DAVIS [2015] NZHC 2386
- Citation
- [2015] NZHC 2386
- Court
- High Court
Plaintiff's verified account and reply affidavit sufficiently established the debt and rebutted defendants' evidentiary challenges; the deeds of guarantee were enforceable and within the 12-year limitation period, communications between parties and lack of prejudice undermined laches, and no fairly arguable defence was shown — therefore summary judgment for the outstanding principal of $308,572.64 is entered, with determination of penalty interest deferred for further enquiry.