Dennis Joseph Gardiner and Hutia Monica Gardiner v Westpac New Zealand Limited - SC 133/2014
Summary
Civil Appeal – Whether the mortgagee sale was substantially below the statutory and common law criteria of best price – Whether the sale was arguably unlawful being made to Westpac’s real estate agent’ s licensed salesperson responsible for selling the property – Whether the proceeds of the two mortgagee sales arguably fully repaid the loan but guarantee quantum issues were not summarily determined nor capable of being properly determined on appeal. [2014] NZCA 537 CA 264/2013
Result
A The application for leave to appeal is dismissed.
B The applicants must pay the respondent costs of $2,500 together with disbursements (to be fixed if necessary by the Registrar).
9 March 2015
B The applicants must pay the respondent costs of $2,500 together with disbursements (to be fixed if necessary by the Registrar).
9 March 2015
Related Documents
Leave judgment - leave dismissed — DENNIS JOSEPH GARDINER AND HUTIA MONICA GARDINER v WESTPAC NEW ZEALANDLIMITED [2015] NZSC 20 9 March 2015 (PDF 87 KB)
Additional Information
GARDINER v WESTPAC NEW ZEALAND LIMITED CA263/2013 [2014] NZCA 537 7 November 2014