20 Nov 2015
ASB BANK LIMITED v WARD AND WARD [2015] NZHC 2909
- Citation
- [2015] NZHC 2909
- Court
- High Court
Bank established lack of any real defence to most of the claim; CCCFA disclosure requirements did not apply to unarranged overdrafts on the deduct account and continuing disclosure obligations were satisfied; lender liability and securitisation claims were not tenable; however the Wards raised arguable factual issues under s176 as to adequacy of marketing that could reduce bank's recovery by up to NZD 33,000 and an arguable conversion claim (max NZD 15,000) giving rise to equitable set-off; accordingly summary judgment granted in part for NZD 223,046.06 plus interest, and remaining issues per…