Yandina Investments Limited v ANZ National Bank Limited, Westpac Banking Corporation and BNZ Investments Limited - SC 129/2013

Summary

Civil Appeal – Strike out application – Deeds of Assignment – Did the Court of Appeal correctly determine the subject matter being assigned under the Deeds – How should the principles for the interpretation of commercial contracts from Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] 2 NZLR 444 apply in proceedings where there is an alleged lack of information as to the background of entry into the contract as well as its context – Reconsideration of Junior Farms Ltd v Hampton Securities Ltd (in liquidation) [2006] NZSC 60 as to the application of substantial miscarriage of justice ground in s 13(2) of the Supreme Court Act 2003 to civil appeals. [2013] NZCA 469  CA 529/2012

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Additional Information

Application for leave to appeal dismissed.

Costs of $2,500 plus reasonable disbursements to the respondents.