Shelley Anne Francis Mitchell v Trustees Executors Limited - SC 115/2011

Civil Appeal – Summary judgment against guarantor of defaulted loan – That the respondent breached its duty to act fairly in relation to the sale and letting of the mortgaged property, in particular through its non-compliance with the Property Law Act 2007, and the appellant therefore has a defence to the action – That this conduct entitles the appellant to re-open the loan contract for oppression.[2011] NZCA 519   CA 217/2010