25 Aug 2022
BANK OF NEW ZEALAND v HE [2022] NZHC 2128
- Citation
- [2022] NZHC 2128
- Court
- High Court
Defendant's counterclaims lacked any real prospect of success: the 2016 loan was for investment so CCCFA Part 1A did not apply and loan-to-value was covered; BNZ validly served the s 119 notice on the defendant's nominated agent in compliance with the Property Law Act; BNZ took reasonable care under s 176 by engaging reputable agents and a valuer, conducting a proper marketing/tender process, and achieving a sale price reconcilable with valuation; therefore summary judgment entered for BNZ for $493,729.73 with default interest and costs reserved.