15 Feb 2023
BANK OF NEW ZEALAND v LOTHIAN PARTNERS CAPITAL LTD [2023] NZHC 196
- Citation
- [2023] NZHC 196
- Court
- High Court
The Court held BNZ's claims were not time‑barred because guarantors provided written acknowledgements reviving the claims; the defendants had no arguable defence to the amounts claimed except for an issue as to guarantor liability for overdraft interest, but BNZ did not pursue unpaid overdraft interest because such interest charged before permanent overdraft was paid and subsequently reversed; accordingly summary judgment was entered for BNZ in the stated sums, excluding any unpaid overdraft interest, with interest and costs to be quantified and enforcement against some guarantors limited to…
- Acknowledgement of debt
- Statute of limitations (limitation act 2010)
- Calculation and quantification of judgment sums
- Overdraft interest allocation
- Indemnity costs
- Enforcement limited to mortgagee sale proceeds