New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Duty of sale (s176)
  • 22 Dec 2011

    WESTPAC NEW ZEALAND LIMITED V SINGH HC AK CIV-2011-404-2434

    Citation
    openlaw-bd4c0c84_9235_46d9_8704_3fc62b012cc6.pdf
    Court
    High Court

    Defendants raised no arguable defence: Westpac met its s176 duty by obtaining consistent valuations and reasonable marketing, the sale price lay within the expert valuation range, sale procedures were adequate and deductions correct; accordingly summary judgment is entered for Westpac for the amount claimed.

    • Mortgagee sale
    • Duty of sale (s176)
    • Summary judgment
    • Set-off
    • Valuation
    • Indemnity costs