22 Mar 2012
SOUTHLAND BUILDING SOCIETY V AUSTIN HC WHA CIV-2011-488-485
- Citation
- openlaw-e55e7919_9bdf_43e1_83e4_49058752284f.pdf
- Court
- High Court
The court held the plaintiff established there was no arguable defence: the deed of guarantee was enforceable (solicitor's certificates and waivers valid), the loans were not consumer credit contracts so statutory disclosure did not apply, the mortgagee complied with its s176 duty by taking reasonable commercial steps (valuations, competent agents, marketing and auctions) and achieved prices consistent with valuers, identification defects were not fatal, and any failure to serve s122 did not prejudice the defendants; summary judgment was therefore granted for the plaintiff.