15 Dec 2023
THE CO-OPERATIVE BANK LTD v OPAI [2023] NZHC 1027
- Citation
- [2023] NZHC 1027
- Court
- High Court
The Court concluded on the existing material that the May 2021 Facility Schedule and applicable Standard Terms establish the defendant's liability and that failure to supply a physical copy of the Standard Terms, given the Facility Schedule's express references and the defendant's signed acknowledgment, does not provide a reasonably arguable defence. However, a material question remains whether the Bank breached CCCFA s9C by consolidating jointly owed loans into a personal loan without adequately explaining the implications (including loss of enforceable security), and whether unauthorised in…