19 Nov 2018
HARCOURTS GROUP LIMITED v GURPREET GREWAL [2018] NZHC 2983
- Citation
- [2018] NZHC 2983
- Court
- High Court
Plaintiff established on summary judgment that the October 2017 loans and the 16 October 2017 guarantee were enforceable, in default and owing $1,012,300.05; the contractual no set-off clauses do not preclude a defendant from seeking statutory avoidance of contracts under the Fair Trading Act but the defendant's case to obtain such relief was not reasonably arguable on the evidence; the franchise fee claims lacked sufficient evidential proof and were dismissed; equitable set-off defences were barred by the no set-off clauses and/or were unarguable on the facts.