30 Nov 2018
SPTC LTD v COOPER [2018] NZHC 3139
- Citation
- [2018] NZHC 3139
- Court
- High Court
The court found plaintiffs failed to establish any special disadvantage or undue influence: Mrs Cooper had prior experience with guarantees, there was evidence she understood implications and had previously received legal advice; PJAFT was not put on notice of any vulnerability and took reasonable steps proportionate to a private lender; accordingly guarantees and second mortgage were valid, the plaintiffs' causes of action failed, the without‑notice injunction was lifted and defendant awarded costs.