Gardiner v Westpac New Zealand Limited

Banking & finance – guarantees & indemnities 

Gardiner v Westpac New Zealand Limited – [2014] NZCA 537 – Miller, Lang and Clifford JJ – 7 November 2014

Loans to purchase property and refinance existing borrowings – liability of parents under guarantees – undue influence – whether bank placed on inquiry and if so, whether it had taken sufficient steps to insulate it from consequences – whether mortgagee sale to real estate agent in breach of statutory or other duties. 

  

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