11 Aug 2014
WESTPAC NEW ZEALAND LIMITED v MANUKAU ROAD HOLDINGS LIMITED [2014] NZHC 1928
- Citation
- [2014] NZHC 1928
- Court
- High Court
There was no real defence: the defendant produced no credible evidence of a misrepresentation (positive or by omission) and, having been alerted to the issue, affirmed the contract by further payments; Westpac acted reasonably in the resale process and did not breach any duty to the defendant. Therefore summary judgment for the plaintiff was appropriate for the loss claimed on resale and associated costs.