New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Proprietary/ testamentary forgiveness
  • 24 Nov 2020

    ERNI v BROOKY [2020] NZHC 3116

    Citation
    [2020] NZHC 3116
    Court
    High Court

    On the evidence the advances were loans on the oral terms found by the Court: (a) house loan $309,536 advanced, interest-free, repayable at $250 per week; defendant breached by ceasing payments and entire balance became payable on demand; (b) truck loan advances aggregated and formed a loan of principal $280,000 with agreed 5% p.a. interest and $1,200 monthly payments and review after two years. Defendant failed to prove gifts, failed to discharge presumption of advancement, and estoppel defence failed. Judgment entered for plaintiffs with specified sums and interest.