19 May 2021
BANK OF NEW ZEALAND v MATSIS [2021] NZHC 1122
- Citation
- [2021] NZHC 1122
- Court
- High Court
Defendant's estoppel defence fails because he produced only a bare, incredible assertion of a representation by receivers with no evidence of reliance or detriment, and the receivers and bank categorically denied making such representations; the receivers conducted a proper, well‑documented sale process and obtained the best price reasonably obtainable given significant uncertainties (COVID‑19, lease and equipment issues); there is no evidence the Bank improperly interfered with the receivers to attract liability. On that basis there is no reasonably arguable defence and summary judgment is w…