25 Oct 2013
WESTPAC NEW ZEALAND LTD v CLAUDLEIGH ESTATE LIMITED [2013] NZHC 2820
- Citation
- [2013] NZHC 2820
- Court
- High Court
The deed of admission and arrangement contained clear and repeated acknowledgements of debt which estopped the defendants from disputing the quantum; the defendants' failure to pay the first agreed $20,000 instalment (and failure to tender the agreed reduced legal costs) terminated the settlement and revived Westpac's right to recover the full acknowledged debt; accordingly there was no arguable defence and summary judgment was appropriate for the debt plus interest and costs.