4 Apr 2016
MADAGASCAR (NO. 3) 2013 LTD v PAULSEN [2016] NZHC 553
- Citation
- [2016] NZHC 553
- Court
- High Court
Summary judgment was dismissed because the defendants raised arguable defences that attack the validity of the underlying sale and loan transactions such that the operation and effect of the guarantee, including the no-set-off and preservation clauses, could be impeached; plaintiff failed to satisfy the court that no defence existed and summary determination was therefore inappropriate.