7 Jun 2012
NORTHCOTT AND NORTHCOTT V DAVIDSON HC WHA CIV-2012-488-97
- Citation
- openlaw-e1ddae19_24d1_44df_9172_28b044a7fb48.pdf
- Court
- High Court
The application for summary judgment was dismissed because the defendant raised arguable defences: the purported guarantee did not satisfy s27 Property Law Act 2007 as the guarantee document was unsigned by the guarantor and the covering letter bearing the defendant's signature was not part of the contractual guarantee; the authenticated signature fiction could not be used to avoid the clear statutory requirement; promissory estoppel did not plainly establish the necessary additional assurance, reliance and detriment on the available evidence; therefore summary judgment could not be granted.