3 Jul 2013
ANZ BANK NEW ZEALAND LIMITED (formerly ANZ NATIONAL BANK LIMITED) v CALVERT [2013] NZHC 1624
- Citation
- [2013] NZHC 1624
- Court
- High Court
The defendant failed to establish an arguable defence: the 2007 guarantee, though not executed as a deed, was intended and interpreted as a continuing enforceable contractual guarantee supported by consideration and extending to future advances; s122 PLA did not require notice to the defendant in respect of the CFNZ mortgage because he was not a covenantor of that mortgage; accordingly there was no miscarriage of justice and the application to set aside summary judgment was dismissed.