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FTG Securities Limited v Bank of New Zealand, Stephen John Tubbs, Colin Anthony Gower and Robert Bruce Walker - SC 27/2019

Summary

Civil Appeal – Whether a prohibition on assignment of a deed of priority and subordination without the consent of the other party is enforceable – Whether the Court of Appeal erred in refusing to make declarations as to the interpretation of the deed of priority and subordination.

Result

A The application for leave to appeal is dismissed.
B The applicant must pay costs of $4,500 to the respondents (to be shared equally between the first and third respondents unless they agree otherwise) plus usual disbursements.
26 August 2019

Related Documents

District Court decision — Not publicly available

Court of Appeal decision — FTG SECURITIES LIMITED v BANK OF NEW ZEALAND [2019] NZCA 16 [20 February 2019]

Leave judgment - leave dismissed — FTG SECURITIES LIMITED v BANK OF NEW ZEALAND [2019] NZSC 93 [26 August 2019] (PDF 49 KB)

Additional Information

Transcript

Hearing date 25 July 2019

Winkelmann CJ, O'Regan and Williams JJ