26 Jun 2013
WROXTON FINANCE LTD v CANTERBURY TRUSTEES (2007) LTD [2013] NZHC 1560
- Citation
- [2013] NZHC 1560
- Court
- High Court
Defendant's pleaded defences of duress and unconscionable bargain were not tenable on the evidence: no improper pressure or overborne will, no qualifying disability or disadvantage, and plaintiffs voluntarily reduced rates and gave concessions; plaintiffs therefore entitled to summary judgment for possession under s137 Property Law Act 2007; judgment entered for plaintiffs but stayed until 12 noon on 24 July 2013 to allow defendant limited time to vacate; costs awarded to plaintiffs on a 2B basis plus disbursements.