14 Jul 2014
ANZ BANK NZ LTD v FROST & SUTCLIFFE [2014] NZHC 1640
- Citation
- [2014] NZHC 1640
- Court
- High Court
The letter of 2 March 2006, read objectively and in its factual commercial context, imposed a clear and absolute contractual undertaking on Frost & Sutcliffe not to release the discharge until an executed replacement security and solicitor's certificate were obtained; that strict contractual obligation excludes the availability of contributory negligence by operation of s3(1) of the Contributory Negligence Act 1947 and the Associate Judge was correct to strike out the contributory negligence defence; Frost & Sutcliffe were not required to provide further particulars on causation beyond the pl…