15 Jun 2023
FEDERAL CAPITAL LIMITED v PETER JOHN SIMUNOVICH [2023] NZHC 1500
- Citation
- [2023] NZHC 1500
- Court
- High Court
The High Court held it was reasonably arguable that the Security Sharing Agreement, a written document signed by the defendant, could be interpreted to include a contract of guarantee within the meaning of s 27(2) Property Law Act 2007; extrinsic evidence may be used to interpret written terms (not to alter them); because factual matrix and discovery were required the interlocutory applications for summary judgment and strike out were properly declined and the defendant's application for leave to appeal those interlocutory decisions and the security for costs decision was refused as the issue…