10 Jan 2023
WAKE UP COMMERCIAL LIMITED v EXTENSION CAPITAL LIMITED [2023] NZHC 6
- Citation
- [2023] NZHC 6
- Court
- High Court
No serious issue to be tried: no admissible evidence that respondent directly represented it would provide development finance; loan documentation and contemporaneous records show the facility was a short‑term bridging loan; responsible lending rules did not apply to the commercial loan; plaintiffs were advised; balance of convenience favoured respondent because security was offered as investment property, debt exceeded security and damages were adequate. Therefore interim injunction declined and without‑notice orders revoked.