9 Feb 2023
WEI v WU [2023] NZHC 143
- Citation
- [2023] NZHC 143
- Court
- High Court
The interim injunction was declined because the plaintiff failed to demonstrate a sufficiently arguable case that the Chen loan was a consumer credit contract under s11(1)(b) (predominantly for personal, household or domestic use); although there was a plausible arguable case that issues under s11(1)(d) (whether Chen was in the business of lending) required trial, the absence of a credible case on purpose (s11(1)(b)) and unresolved questions about third‑party standing and the indefeasibility of registered title meant continuation of the injunction was not justified in the overall interests of…
- Definition of consumer credit contract (s11 cccfa)
- Lender responsibility and disclosure obligations
- Standing of non‑contracting third parties under cccfa (ss 93–94)
- Mortgagee sale and priority
- Interim injunction test (american cyanamid)
- Hearsay and evidence admissibility