7 Nov 2014
GARDINER v WESTPAC NEW ZEALAND LIMITED CA263/2013 [2014] NZCA 537
- Citation
- [2014] NZCA 537
- Court
- Court of Appeal
Appeals dismissed: even accepting appellants may have been vulnerable to undue influence, Westpac was not placed on inquiry or, alternatively, took sufficient protective steps (solicitors' instructions, solicitor's certificates and signed acknowledgements) so guarantees were enforceable; Westpac owed no common law duty to refrain from imprudent lending and did not breach the Code as contractual terms were not implied; sale complied with s176 Property Law Act because marketing and auction were adequate and no better price was reasonably obtainable; sale to the agent was permissible given discl…