12 Jun 2012
JAIN AND CHAHIL V KIWIBANK LIMITED COA CA27/2012
- Citation
- openlaw-b79e83b0_3cdc_4044_9c6b_c16e45ad5757.pdf
- Court
- Court of Appeal
The Court held the facility expressly expired on 22 October 2009 unless Kiwibank agreed to extend it and there was no arguable case that Kiwibank unconditionally agreed to extend; any purported extension was conditional on verification (updated drawdown, invoices, council inspection sheets) which was not provided and Kiwibank had independent grounds to demand repayment, so the appellants failed to show a substantial defence to set aside summary judgment.