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High Court Wellington
15, 16, 17, 18, 19 April; 4, 5, 10 June; 1 July 1996
Hammond J
15, 16, 17, 18, 19 April; 4, 5, 10 June; 1 July 1996
Hammond J
Equity — Estoppel — Contract — One party under apparent misapprehension as to terms — Whether duty on other party to respond rather than to be inactive — Whether any such duty is legal rather than social or moral.
Contract — Credit contract — Whether "oppression" occurs where borrower is under an apparent misapprehension as to a term of the contract and where lender is aware but remains silent — Credit Contracts Act 1981, s 9.
Contract — Credit contract — Whether an action can be "oppressive" notwithstanding it is contractually permitted — Whether contract may be reopened — Credit Contracts Act 1981, s 3.