21 Sept 2011
WESTPAC NEW ZEALAND LIMITED V BALBEER SINGH GOLIAN HC AK CIV 2010-404-007556
- Citation
- openlaw-b6b97399_87d8_497c_967e_22b806a90a01.pdf
- Court
- High Court
Westpac established it took reasonable care in the mortgagee sale processes (valuations, agent appraisals, advertising, auctions/tenders and negotiations); defendants failed to provide sufficient credible evidential foundation that Westpac breached statutory or equitable duties or acted in bad faith; auction/tender outcomes, properly marketed, prevail over valuation differences; accordingly there was no real defence and summary judgment was granted for the outstanding debt.