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Court of Appeal Wellington
CA263/2013; CA264/2013; [2014] NZCA 537
30 July; 7 November 2014
Miller, Lang and Clifford JJ
CA263/2013; CA264/2013; [2014] NZCA 537
30 July; 7 November 2014
Miller, Lang and Clifford JJ
Equity — Guarantee — Undue influence by son over parents acting as guarantors — Whether lender was placed on inquiry — Whether lender took sufficient steps to insulate itself from consequences of undue influence.
Tort — Duty of care — Whether bank owed duty of care to act prudently when lending monies to borrower.
Bankers and banking — Loan agreement and guarantee — Whether obligations in New Zealand Bankers Association Code of Banking Practice 2007 implied as terms of loan agreement.
Property law — Mortgage — Exercise of power of sale — Whether mortgagee breached obligation to take reasonable care to obtain best price — Property Law Act 2007, s 176.
Real estate agents — Practice — Whether compliance with s 134 of Real Estate Agents Act 2008.