New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Assignee rights

Legal area

Court

22 Oct 2013

YIIN v NEW ZEALAND HOME BONDS LIMITED [2013] NZHC 2761

Citation

[2013] NZHC 2761
Court

High Court

Although the Court granted an enlargement of time for filing the application for leave, the substantive test for leave was not met because the proposed appeal sought to re-litigate factual findings rather than raise a question of law or matter of sufficient public or private importance; accordingly the application for stay was dismissed and leave to appeal declined.
17 Jun 2011

SENIORCARE GROUP LIMITED V RICHARD JAMES PARKER AND RACHEL SUSAN HARVEY HC AK CIV 2011-404-001426

Citation

openlaw-11c32929_d6a5_45c8_9ff5_ac9b4fa15660.pdf
Court

High Court

The guarantee's express clauses preserved the guarantors' liability independently of any impairment or disposal of security; there is no arguable breach of a duty of care by Southern Cross (and s 176 did not compel acceptance of conditional offers or continued opposition), and no estoppel or set-off arguable to defeat the guarantees; accordingly summary judgment is appropriate for the plaintiff.