High Court Wellington
12 December 1985; 17 March 1986
Bisson J
12 December 1985; 17 March 1986
Bisson J
Commercial law — Credit contracts — Oppressive — Re-opening a mortgage — Father's motel was used as security to assist daughter establish a thoroughbred stud farm — Mortgagee indicated that security over the motel would be taken only temporarily — Later, mortgagee refused to substitute the stud farm property as security — Mortgage was in arrears and mortgagee threatened to sell the motel — Whether mortgagee's conduct was "unjustly burdensome" — Whether credit contract should be re-opened — Credit Contracts Act 1981, ss 9, 10(1)(b) and 11.
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