Christian Church Community Trust v Bank of New Zealand - [2023] 3 NZLR 190

Contract — Termination — Bank seeking to unilaterally terminate contract with Gloriavale — Termination clause in contract — Mandatory injunction or prohibitory injunction — Whether serious question to be tried — Whether bank breaching contract with Gloriavale — Constraints on contractual termination power — Default rule — Braganza extension — Whether bank exercised its discretion unreasonably — Whether process procedurally fair and reasonable — Bank concerned over human rights policy following court decision on child labour at Gloriavale — Balance of convenience — Overall interests of justice — Human Rights Act 1993 s 44.

Bankers and banking — Unilateral termination of account by bank — Interim injunction — Application to continue interim injunction pending substantive hearing — Bank seeking to unilaterally terminate contract with Gloriavale — Whether breach of contract — Termination clause in contract — Banker/customer relationship — Constraints on contractual termination power — Default rule — Braganza extension — Whether bank exercised its discretion unreasonably — Whether process procedurally fair and reasonable — Bank concerned over human rights policy following court decision on children labour at Gloriavale — Balance of convenience — Overall interests of justice — Human Rights Act 1993 s 44.