Gary Francis Haddon v GE Custodians and  Barbara Gale Haddon. - SC 87/2011

Civil Appeal – Credit Contracts and Consumer Finance Act 2003 – Appeal against the Court of Appeal’s decision to uphold a summary judgment of the High Court – Whether a credit contract is a “consumer credit contract” where the appellants were both debtors in their personal capacities and as trustees of a family trust – Whether it is sufficient for a lender to “largely” comply with the mandatory disclosure requirements of s 17 – Whether the lender could contract out of the Act by defining the contract as a “credit contract” – Whether the Court of Appeal erred in upholding the summary judgment where the appellants did not have available to them much of the factual information relating to the load transaction, where the loan purpose on the loan documents differs from that stated on the loan application, where the lender was put on inquiry as to whether the borrowers could service the loan and where parties were being advised by the same lawyer increasing the likelihood of conflict of interest and undue influence. [2011] NZCA 335    CA 475/2010