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National Westminster Finance New Zealand Ltd v United Finance & Securities Ltd - [1988] 1 NZLR 226
$30.00
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High Court Wellington
17, 18, 19 June; 3 August; 3, 15 September 1987
Smellie J
17, 18, 19 June; 3 August; 3, 15 September 1987
Smellie J
Tort — Negligence — Duty of care — First mortgagee exercised power of sale and subsequent mortgagee claimed that sale was made at inadequate price — Whether first mortgagee owed a duty of care to subsequent mortgagee.
Damages — Assessment — Damages for breach by mortgagee exercising power of sale of his duty of care to subsequent mortgagee — Whether Court may take into account contingency that premium interest provisions may later be set aside under the Credit Contracts Act 1981.
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