27 Oct 2021
SWANSON v LAUNDRY TODAY OR NAKED TOMORROW HOLDING CO LIMITED [2021] NZHC 2864
- Citation
- [2021] NZHC 2864
- Court
- High Court
The defendant has no real defence: the Capital Note Agreements permitted election on or after the conversion date and there was no clear and unambiguous representation by the plaintiff to take shares, no reasonable reliance causing unrecoverable detriment, and no proven breach of s131 that makes repayment unconscionable; accordingly plaintiff is entitled to judgment for repayment plus interest.