10 Aug 2015
BURGESS V TSB BANK LIMITED CA47/2014 [2015] NZCA 361
- Citation
- (2015) 16 NZCPR 728
- Court
- Court of Appeal
The Court held the notice complied with s120: the defaults were accurately specified as at the notice date, the action required to remedy them was adequately stated (including information enabling calculation of interest and weekly fees to date of payment), and approximations for costs did not invalidate the notice because the notice had the same effect as the prescribed form and was not misleading; minor departures were cured by Interpretation Act s26; the bank validly exercised its power of sale and was entitled to recover the shortfall; the bank was contractually entitled to indemnity cost…