8 May 2019
MONTGOMERIE v MONTGOMERIE [2019] NZHC 989
- Citation
- [2019] NZHC 989
- Court
- High Court
The March 2017 Agreement required the capped debt to be repaid (or substantially repaid with accounting) by 15 October 2018; defendants did not satisfy that requirement and did not make any arguable case that the agreement was frustrated by the builder default or otherwise unenforceable; plaintiff was therefore entitled to call up and recover the total debt under the original loan agreement and summary judgment was entered for the plaintiff.