2 Feb 2021
TANDEM GROUP LIMITED v ASB BANK LIMITED [2021] NZHC 51
- Citation
- [2021] NZHC 51
- Court
- High Court
The bank's standard terms were treated as incorporated; it was arguable that ASB owed an implied contractual and concurrent tortious duty to make enquiries (Quincecare-type duty), and because there were genuine and material disputes of fact (notably about whether a verification call occurred and what enquiries were made) and contested expert opinion on banking practice, summary judgment and strike out were inappropriate; the defendant's interlocutory application was dismissed and the issues must be resolved at trial to determine whether the exclusion clause is displaced by fraud or wilful neg…