21 Jul 2021
BANK OF NEW ZEALAND v DAVEY [2021] NZHC 1854
- Citation
- [2021] NZHC 1854
- Court
- High Court
The Bank established entitlement to summary judgment: the guarantee was valid, demand was made and unpaid, the guarantee's express no set-off/no counterclaim clause precluded the defendant's asserted counterclaims and set-offs as a defence to payment, proposed third party claims against receivers/BDO do not defeat the Bank's right to judgment, and no exercise of discretion to refuse summary judgment was warranted.