Pacific Industrial Corporation SA v Bank of New Zealand - [1991] 1 NZLR 368

Property law — Mortgage — Notice of default — Bank mortgage requiring notices to be signed by specified officers of bank — Notice signed by bank's solicitor — Whether notice validly executed — Property Law Act 1952, s 92.

Contract — Enforcement — Specific performance — Bank loan — Bank agreeing to extend loan facilities to enable restructuring — Whether contract one of mere loan or part of wider arrangement — Whether specific performance likely to be available — Whether bank owed a duty to the financier to communicate conditions of extension of facilities and of deadlines for meeting them — Whether bank owed financier a fiduciary duty — Whether claim raised serious issues supporting grant of interim injunction to restrain mortgagee sale.