31 Aug 2018
BISHOP WARDEN LIMITED v XHELAL JASHARI [2018] NZHC 2287
- Citation
- [2018] NZHC 2287
- Court
- High Court
Defendants signed clear and witnessed guarantor documents and cannot credibly deny intent to guarantee; any claim for unreasonable withholding of consent accrues to the lessee and hence to its liquidator so lacks mutuality for set-off by the guarantors; defendants failed to provide contemporaneous evidence they took reasonable steps to secure landlord consent or that consent was unreasonably withheld; the lessor had legitimate commercial reasons (redevelopment prospects and lessee default permitting withholding under clause 4.01(b)); therefore there was no arguable defence and summary judgmen…