Clark v UDC Finance Ltd - [1985] 2 NZLR 636

Property law — Mortgagee sale — Duty of care to guarantor — Whether a mortgagee owes a duty of care to a guarantor of the mortgaged land.

Bankruptcy and insolvency — Bankruptcy notice — Application to set notice aside — Notice was issued in respect of amount owing under a judgment obtained by default — Debtor alleged a counterclaim for a greater amount — Whether debtor could have set up his counterclaim in the action in which let judgment go by default — Insolvency Act 1967, s 19(1)(d) - Insolvency Rules 1970, r 41(3).