Bryce Brougham v Christine Anne Elizabeth Regan and Mark Jefferey Tuffin as trustees of the Winchester Trust and Racheal Christina Dey - SC 104/2019

Media releases

MR [2020] NZSC 118 (PDF 189 KB)

Summary

Civil Appeal – Whether the Court of Appeal erred in finding that a standard form loan agreement was a contract of guarantee under s 27 of the Property Law Act 2007 – Whether imposing guarantee obligations on one of two guarantors named in a contract of guarantee is contingent on both named guarantors signing.

Result

A An extension of time to apply for leave to appeal is granted.
B Leave to appeal is granted (Regan v Brougham [2019] NZCA 401).
C The approved ground is whether the Court of Appeal was right to allow the appeal to that Court.
12 December 2019
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A The appeal is allowed.
B The orders made in the Court of Appeal are set aside and judgment is entered for the appellant.
C The respondents must pay the appellant costs of $25,000 plus usual disbursements.
D The award of costs and disbursements in the lower Courts in favour of the first respondents is set aside. Such costs and disbursements should be reassessed by the Court of Appeal in light of this judgment. The award of costs in favour of the second respondent stands.
E The first respondents’ interlocutory application to adduce further evidence is dismissed. 30 October 2020

Date of Hearing

09 June 2020

Judges

Winkelmann CJ, William Young, Glazebrook, O'Regan and Williams JJ

Hearing Transcripts

Hearing date 9 June 2020 (PDF 409 KB)