Cashmere v Morris and Waldron - [1993] 3 NZLR 587

Property law — Lease — Liability of original lessee on default by subsequent assignees — One subsequent assignee also guarantor of ultimate assignee — Plaintiff agreed not to continue proceeding against assignee/guarantor on terms — Whether original lessee discharged by settlement — Whether original lessee precluded from claiming against assignee/guarantor — Whether plaintiff entitled to summary judgment against original lessee.

Practice and procedure — Summary judgment — Original lessee's liability on default by subsequent assignees — Ultimate assignee's liability guaranteed by an intermediate assignee — Liability of intermediate assignee to original lessee — Whether such liability constituted an arguable defence on summary judgment application.