New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Guarantee and loan obligations
  • 28 Jun 2010

    TAN INVESTMENT PTE LIMITED V GOLDHEM GROUP LIMITED AND ORS HC AK CIV 2010-404-001187

    Citation
    openlaw-985a6005_5380_4dcb_b521_c8965adc0cb0.pdf
    Court
    High Court

    The court refused to imply the mediation/dispute resolution term into the loan agreement because the parties to the loan agreement were different, the material did not demonstrate a clear term covering the precise situation, and it was not necessary to give business efficacy to the loan contract; accordingly there was no contractual basis to stay the summary judgment application and the stay application was dismissed.

    • Summary judgment
    • Stay of proceedings
    • Mediation clause
    • Implication of contractual terms
    • Guarantee and loan obligations