Securities Registry Limited and another v Virginia Gomes - SC 19/2009

Civil appeal – loan agreement conditional on payment of a sum by a third party to the debtor – sum paid to the debtor by way of setoff against the debtor’s debt to the third party – setoff occurred without the knowledge of the lender – debtor’s accountant represented to the lender that the sum was “being held” by debtor – whether negligent misstatement – whether misleading or deceptive conduct under s 9 of the Fair Trading Act 1986 [2008] NZCA 567  CA 355/2007  19  December 2008