8 Apr 2011
ASB BANK LTD V HALL HC AK CIV-2010-404-6381
- Citation
- openlaw-42b38aec_fec2_4c86_bbfa_aeb3eeeda14f.pdf
- Court
- High Court
Defendants failed to establish any arguable equitable set-off: the company and trust had no relevant cross-claim and lacked identity with Mr Hall; Mr Hall's asserted claims against the bank (as creditor, director or shareholder) were not supportable in law or on the evidence; no tort of unlawful means or negligence to Mr Hall was made out; set-off would in any event be contractually excluded. Accordingly the bank was entitled to summary judgment for the specified sums with contractual default interest and costs reserved.