20 May 2011
ASB BANK LIMITED V CRAIG ALEXANDER URQUHART HC AK CIV 2010-404-006913
- Citation
- openlaw-1163f820_a9fc_41be_af7f_e7f7c316111c.pdf
- Court
- High Court
Summary judgment was granted because ASB fulfilled the duties under s176 by obtaining valuations, conducting competent marketing and a proper auction, the unconditional contract entered 29 April 2010 terminated any obligation to rescind or delay settlement, the alleged refinance was conditional or expired and the intervening events draft clause did not impose a continuing duty; consequently the defendants had no arguable defence and the CCCFA oppression claim failed.