High Court Wellington
SC52/2010; [2010] NZSC 146
20, 21 October; 3 December 2010
Elias CJ, Blanchard, Tipping, McGrath and Anderson JJ
SC52/2010; [2010] NZSC 146
20, 21 October; 3 December 2010
Elias CJ, Blanchard, Tipping, McGrath and Anderson JJ
Commercial law — Credit contracts — Oppression — Reasonable standards of commercial practice — Whether and what knowledge on part of lender as to borrower's circumstances required for oppression — Relationship with unconscionability in equity — Role of independent legal advice — Whether and when lender to inquire into independence and competence of borrower’s legal advice — Credit Contracts and Consumer Finance Act 2003, ss 118 and 120.
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