Whiting v Diver Plumbing & Heating Ltd - [1992] 1 NZLR 560

Contract — Guarantee — Rectification of instrument of guarantee — Omission in instrument of guarantee of name of principal debtor — Omission amounting to deficiency in note or memorandum for purpose of s 2 of Contracts Enforcement Act 1956 - Omission providing guarantor with defence under that Act — Rectification sought to supply name of principal debtor — Whether rectification will be ordered when effect is to supply omitted name and to deprive guarantor of defence under the Act — Contracts Enforcement Act 1956, s 2.

Equity — Guarantee — Rectification of instrument of guarantee — Omission in instrument of guarantee of name of principal debtor — Omission amounting to deficiency in note or memorandum for purpose of s 2 of Contracts Enforcement Act 1956 - Omission providing guarantor with defence under that Act — Rectification sought to supply name of principal debtor — Whether rectification will be ordered when effect is to supply omitted name and to deprive guarantor of defence under the Act — Contracts Enforcement Act 1956 - Equitable principles applicable.

Practice and procedure — Interrogatories — Guarantee — Interrogatory sought to identify name of principal debtor — Effect of answer — Answer having effect of creating a sufficient note or memorandum for the purpose of s 2 of Contracts Enforcement Act 1956 - Answer having effect of depriving guarantor of defence under that Act — Whether such interrogatory may be administered in rectification suit — District Courts Rules 1948, r 161A(3).