In the courts

Be careful what you say in negotiations
Statements made during negotiations can result in binding obligations regardless of written agreements to the contrary.

Are your guarantees enforceable?
The latest New Zealand case on guarantees and undue influence clarifies the steps required to ensure guarantees are enforceable.

GST payable on mortgagee sales
The Court of Appeal has confirmed that GST is payable in respect of a mortgagee sale.

Are high default interest rates oppressive?
Taking into account the borrower's experience, the High Court decided that 35% is not oppressive.

When is compensation payable to mortgagors following a mortgagee sale?
Two recent cases consider how to "take reasonable care to obtain the best possible price" at a mortgagee sale.

Enquiries and information

For more information on any of the cases, articles and features in Financial Services Quarterly, please email Rachel Gowing or call on 64 9 916 8825.