21 Feb 2014
ANZ BANK NEW ZEALAND LIMITED v FROST AND SUTCLIFFE [2014] NZHC 245
- Citation
- [2014] NZHC 245
- Court
- High Court
The instruction and accompanying materials objectively imposed a clear, unambiguous and strict contractual obligation on Frost & Sutcliffe not to release the discharge until a replacement mortgage had been executed and the solicitors' certificate was available; because this was a strict contractual undertaking, the defence of contributory negligence under the Contributory Negligence Act 1947 is not available in relation to the contract claim and must be struck out; the defendant need not provide further particulars of hypothetical unavoidable loss as those matters are for evidence and assessm…