High Court Wellington
13 November 1989; 11 January 1990
Wylie J
13 November 1989; 11 January 1990
Wylie J
Law practitioners — Solicitor's undertaking — Financing of loan — Solicitor gave bank an unconditional and irrevocable personal undertaking to refinance or repay client's loan by certain date — When loan was not repaid by that date bank sought inherent jurisdiction of Court to enforce undertaking — Whether undertaking was given by solicitor in his capacity as a solicitor — Whether contractual considerations between client and bank affected undertaking — Whether bank had first to enforce payment by client — Whether in exercise of discretion undertaking should be enforced — Punitive and disciplinary nature of Court's jurisdiction over solicitors as officers of the Court discussed.
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