New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Mortgagee sale shortfall

Legal area

Court

3 Jun 2016

DEBT BUYERS LIMITED v D L BRADFORD, J A HEWETT AND ROBERT BURNES TRUSTEE LIMITED [2016] NZHC 1182

Citation

[2016] NZHC 1182
Court

High Court

The Court dismissed the summary judgment application because clause 15.3(c) could not be treated as unambiguous in context; there were credible factual and legal arguments (common intention, industry practice, estoppel by convention, rectification) that constituted an arguable defence for RBTL which required trial determination rather than disposal on summary judgment.
3 Apr 2007

FINANCIAL TRUST LIMITED AND ANOR V BISHOP AND ORS HC WN CIV-2006-485-2321

Citation

openlaw-895b8bcb_9f69_42d3_9963_2d54fcbd67d3.pdf
Court

High Court

The Deed of Removal and Appointment effected an absolute assignment of SRL's rights to FTL (executed in October 2003 despite a later effective date), the 28 November 2003 notice alongside subsequent deeds of variation and a later formal demand satisfied s130 notice requirements (or in the alternative there is an enforceable equitable assignment), therefore the defendants have no real defence and summary judgment is entered for Financial Trust Limited for the outstanding debt, interest and costs.