27 Oct 2011
HERRON V WESTPAC NEW ZEALAND LIMITED COA CA505/2010
- Citation
- COA CA505/2010
- Court
- Court of Appeal
The Court accepted the Associate Judge's finding that the appellants' assertions of an agreement to release the guarantor were unsubstantiated, inconsistent with contemporaneous documents and inherently improbable; Westpac's affidavit evidence and file absence of any release met its onus so there was no arguable defence and summary judgment was properly entered.