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Court of Appeal Wellington
17 July; 21 September 1990
Somers, Casey and Hardie Boys JJ
17 July; 21 September 1990
Somers, Casey and Hardie Boys JJ
Contract — Guarantee — Letter of comfort by company — Whether bank obliged to claim against company under letter of comfort before calling on respondents under guarantee.
Contract — Misrepresentation — Guarantee — Letter of comfort — Whether bank misrepresented that letter of comfort was the same as guarantee.
Negligence — Duty of care — Whether bank manager owed and breached duty of care in failing to advise respondents of true nature of letter of comfort.
Company law — Receivership — Receivers agents of debtor — Whether their alleged negligence in selling debtor's assets a triable issue in action against creditor.