2 Jul 2009
ANZ NATIONAL BANK LTD V MORGENSTERN HC AK CIV-2009-404-000807
- Citation
- openlaw-153063ff_ba6f_4e27_ae4e_1eb573f45eb1.pdf
- Court
- High Court
Leave to oppose out of time was refused because the defendant failed to establish a substantial and credible defence; the 13 March 1998 all obligations continuing guarantee, together with subsequent re-documentation and the defendant's own acknowledgements and solicitor's certificate, established the plaintiff's entitlement to summary judgment; the equitable estoppel defence relied on oral assurances unsupported by independent evidence and inconsistent with documentary record and conduct, and therefore was not tenable.