21 Sept 2023
DENNIS v GOODE [2023] NZHC 2650
- Citation
- [2023] NZHC 2650
- Court
- High Court
The creditor's release of the charging order over the co-guarantor's property prejudiced the guarantor and discharged the guarantor's liability pro tanto such that Mr Goode was liable for 50% of the judgment debt less amounts he had paid; interest included in the certificate of judgment could not be claimed because statutory procedural requirements of s25 Interest on Money Claims Act 2016 were not complied with; GST to be invoiced correctly; accordingly the Court ordered payment of the net half-share outstanding and adjourned the bankruptcy adjudication subject to payment and costs.
- Guarantor liability
- Charging order (security)
- Set-off and pay-first-argue-later clauses
- Compromise/settlement
- Interest procedural requirements under interest on money claims act
- Gst treatment of judgment components