19 Aug 2009
ALUMINIUM SYSTEMS (NZ) LTD V HODGSON AND ANOR HC HAM CIV 2009-419-000608
- Citation
- openlaw-c9db1b7b_c869_4866_85b1_5394c413b475.pdf
- Court
- High Court
Defendants failed to produce any credible evidential foundation for their pleaded defences (non est factum, lack of consideration, genuine dispute, oppression, counterclaim); the guarantee was validly executed as a deed and does not require consideration; consequently there was no real or bona fide defence and summary judgment was properly entered for the plaintiff for the claimed sum with interest and costs.