GE Custodians v Bruce Leonard Bartle and Dorothy Judith Bartle and others - SC 52/2010

Media releases

sc 52 2010 ge custodians v bartle and ors press release (PDF 86 KB)

Summary

Civil Appeal – Whether the credit contracts entered into by the appellant and the respondents were oppressive in terms of the Credit Contracts and Consumer Finance Act 2003; Whether the Court of Appeal erred in its interpretation of “oppression”; whether it is possible for a contract to be oppressive despite independent legal advice being received: whether knowledge of a third party could be attributed to the appellant in the absence of a relationship of agency.[2010] NZCA 174 CA 627/2009 6 May 2010

Result

Leave to appeal is granted. The approved ground of appeal is whether the credit contracts were oppressive in terms of the Credit Contracts and Consumer Finance Act 2003.
5 August 2010
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The appeal is allowed and the orders made by the Court of Appeal are set aside. The case is remitted to the High Court for determination of issues reserved by that Court for further consideration. The appellant is awarded costs in this Court against the first and second respondents of $25,000 together with its reasonable disbursements to be fixed by the Registrar. The costs order made by the Court of Appeal is reversed.
3 December 2010

Hearing Transcripts

sc 52 2010 ge custodians v bartle (PDF 1.1 MB)

Additional Information

Transcription

Hearing date : 20 and 21 October 2010

Elias CJ, Blanchard, Tipping, McGrath, Anderson JJ.