Guarantees 2022

Guarantee law is constantly evolving, and practitioners need to ensure that they are up to date with the latest developments. This seminar will help ensure that you are kept abreast of recent developments coupled with an examination of key recent case law in considering the practical implications for your clients.

This seminar will include:

• A discussion of a recent Court of Appeal decision on the rule in Holme v Brunskill and the purview doctrine
• A discussion of a High Court decision in which summary judgment against a guarantor in respect of a mortgagee sale of vehicles was overturned on appeal from the District Court
• The development of "bad boy" guarantees – situations where a guarantee applies only where a subsidiary has breached a key contractual term
• An overview of the impact of lender responsibility codes on the enforcement of guarantees.

Learning objectives

By attending this seminar you will:

• Understand the rule in Holme v Brunskill on discharge because of a variation of the underlying contract.
• Understand the purview doctrine.
• Know the general principles around mortgagee sales.
• See how the mortgagee sale principles were applied in the situation of a chattel sale.
• Understand the international development of “bad boy” guarantees – how they operate and when they may be used.  
• Review the development of lender responsibility codes and how those codes impact on taking and enforcing a guarantee.

Who should attend

Bank/finance, civil litigation, company/commercial, property and in-house lawyers.

Paper

A short paper, in PDF format, together with a copy of the powerpoint presentation will be emailed out prior to the seminar.

Times

• 4.00pm - 6.00pm

Fee (incl GST)

In Short

• $145 - NZLS members and Associate members
• $195 - Non-members
• Live web stream group pricing available! Click here

Do you want to register more than one person for this course? Use the Multiple Registration button below or Click here
Download PDF registration form

Live Web Stream

31 March

Presenters

Michael Harper Partner, Chapman Tripp, Auckland Michael focuses solely on restructuring and insolvency and acts for banks, insolvency practitioners, distressed companies, distressed debt and special situations participants, and acquirers of distressed assets. He holds a BA, LLB (Hons) from the University of Canterbury and worked for Allen & Overy in Hong Kong, London, Bangkok and Tokyo. For more than 15 years Michael has acted for all of the major New Zealand banks.

Michael Lenihan Barrister, Auckland Michael specialises in commercial, banking/finance and property litigation. Before he went to the Bar, he worked at Henry Davis York in Sydney, Jones Fee in Auckland and Russell McVeagh in Wellington. Michael has LLMs from Canterbury and Cambridge Universities, teaches Guarantees at the Faculty of Law, Auckland University and has presented a number of seminars on guarantees.

Cancellation and refund policy

You may cancel your registration eight working days in advance of an event, and you will receive a refund less a 25% administration fee. If you cancel less than eight working days in advance of the event, no refund is payable. If you are unable to attend, you may transfer your registration to another person. If you wish to do so you must advise CLE in writing of the change. NZLS CLE Ltd reserves the right to close registrations and cancel or reschedule an event as necessary. Where an event is cancelled by CLE, a full refund is payable.