28 Aug 2023
HEARTLAND BANK LTD v AUCKLAND CONCRETE LTD [2023] NZHC 2361
- Citation
- [2023] NZHC 2361
- Court
- High Court
The guarantee was an all‑obligations commercial guarantee and s 9C CCCFA did not apply because the lending was not consumer credit; Heartland had no continuing contractual or statutory duty to notify Burton of overdraft limit increases beyond relying on the borrower and its authorised director to agree variations; Burton, as director and informed guarantor, had means and responsibility to monitor company finances; plaintiff established there was no real defence and summary judgment was appropriate.