New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Personal guarantee liability

Legal area

Court

30 Sept 2021

BANK OF NEW ZEALAND LTD v FERNANDO [2021] NZHC 2595

Citation

[2021] NZHC 2595
Court

High Court

Defendant had no arguable defence: the Bank took reasonable care in marketing and selling the mortgaged units (sales aligned with forced sale valuations, auction and marketing were proper, limited access and negative buyer feedback explained prices), the conduct did not amount to oppression under the CCCF Act, and therefore summary judgment was entered for the Bank for the residual guarantee shortfalls with interest and costs reserved.
20 Apr 2007

PULMAN V THE HIRE COMPANY LIMITED HC AK CIV-2006-404-4697

Citation

openlaw-145b77b0_77b1_4552_9b51_2f294c6a042d.pdf
Court

High Court

The Court found the substituted service order lawfully made and the bankruptcy notice was validly affixed to the debtor's door on 2 October 2006; the debtor thereby committed an act of bankruptcy by failing to comply; the District Court judgment stands pending set‑aside; discretionary factors (insolvency, likely absence of meaningful assets for unsecured creditors, multiple outstanding proceedings, prospect of Official Assignee investigations, and public interest in commercial morality) favoured adjudication, but the Court granted a short adjournment to permit a formal compromise to be presen…