6 Nov 2009
ANZ NATIONAL BANK LIMITED V COORY HC CHCH CIV-2009-409-854
- Citation
- openlaw-acc634de_c3e2_4675_8185_a2b82a6cbc12.pdf
- Court
- High Court
Court found no arguable breach of s176: marketing was adequate, agent acted professionally and inquiries were extensive; misdescription was not shown to have caused loss; chattels dispute could give rise to a separate claim or equitable set-off but was not so closely bound up with the debt claim as to defeat summary judgment for the undisputed debt; accordingly summary judgment entered for principal and interest but execution stayed for an amount to cover the chattels claim and allowance for general damages pending resolution of the counterclaim.