25 Jun 2019
BUSHLINE TRUSTEES LIMITED v ANZ BANK NEW ZEALAND LIMITED [2019] NZCA 245 [24 June 2019]
- Citation
- [2019] 3 NZLR 455
- Court
- Court of Appeal
Court of Appeal allowed appeal: ANZ made a misleading Fixed Cost representation about swaps and gave enforceable undertakings to monitor/advice and to maintain a 0.70% margin (as understood by parties) which ANZ breached; s 4 Contractual Remedies Act did not permit ANZ to rely on disclaimer/no-reliance clauses to defeat those claims on the facts; damages inquiry remitted to High Court; High Court costs order quashed and CA costs awarded to appellants.