13 Dec 2017
ASB BANK LTD v SGARGETTA [2017] NZHC 3097
- Citation
- [2017] NZHC 3097
- Court
- High Court
ASB proved the indebtedness under the unlimited guarantee and the defendant had no real defence on the facts and law presented; counterclaims are not a bar to summary judgment and were not pleaded or evidenced so as to justify a stay; alleged Fair Trading Act misrepresentations and unconscionability lacked evidential foundation; acts of receivers are not attributable to ASB; judgment entered for ASB for $598,340.15 and remaining issues on interest and indemnity costs reserved for memorandum.