New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Promissory note

  • 26 Jul 2023

    TANYA FELICITY DUNSTAN v BANK OF NEW ZEALAND [2023] NZSC 89

    Citation
    [2023] NZSC 89
    Court
    Supreme Court

    Leave to appeal refused because the High Court correctly applied settled law: the promissory note sent by the applicant as a stranger to the debtor-creditor relationship did not create an enforceable obligation, the claims were fatally flawed and properly struck out, there was no merit to the privacy claim, and no matters of general or public importance or exceptional circumstances justified a direct appeal to the Supreme Court under s74 and s75 Senior Courts Act 2016.

  • 10 May 2021

    SUN v WEI [2021] NZHC 1040

    Citation
    [2021] NZHC 1040
    Court
    High Court

    The Court found that the plaintiff has an arguable case that consideration exists because the loans advanced and the granting of extended time to repay (forbearance to sue) can constitute consideration, and antecedent indebtedness may support the instruments as promissory notes under the Bills of Exchange Act; consequently it was not appropriate to strike out the claim or enter summary judgment for the defendants, and the caveat could not be removed as it rests on an arguable mortgage interest.