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Guarantees - Webinar Package

NZ $255.00
Michael Lenihan 2016 Bruce Stewart QC 2016
Michael Lenihan
Bruce Stewart QC

Webinar Package includes:

Archive Presentation  l  Booklet  l  PowerPoint Presentation

Webinar Package Fee (incl GST)

  • $205 - NZLS members and Associate members
  • $255 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

Webinar Archive Presentation

Presentation time: 120 minutes

Guarantee law is always evolving and there have been several major cases since the last NZLS CLE seminar on guarantees in 2010 plus the recent amendments to the Credit Contracts and Consumer Finance Act 2003 (CCCFA). The onus is on practitioners more than ever to ensure that they are up to date with the latest developments so that they can advise clients correctly – and keep themselves out of harm’s way should things go wrong.

This seminar provides an update on recent developments in guarantee law.

Topics covered will include:

  • Implications of recent amendments to the CCCFA and the Responsible Lending Code
  • Undue influence
  • Recent case law developments in:
    - Estoppel
    - The requirements of s 27 of the Property Law Act
    - Unconscionability
    - Mortgagee sales.

Please contact us if you use a dial up internet connection.


Authors: Michael Lenihan, Bruce Stewart QC
Published: 1 March 2017
Pages: 101


The continuing fall-out from the GFC has seen a high number of guarantee cases in the six years since we last did the guarantees seminar.

Significant case law developments include:
  • Very useful guidance on the extent of the changes in s 27 of the Property Law Act (PLA) from the repealed Contracts Enforcements Act.
  • Application for the first time in New Zealand of the doctrine of estoppel to guarantees.
  • A guarantor succeeding against a creditor in stopping summary judgment because of arguable undue influence.
  • A guarantor defeating a strike out application by a creditor on the basis of an arguable breach by the creditor of s 176 of the Property Law Act.
  • Relief given to a mortgagor on the basis of unconscionability (which would be applicable to guarantors).
As is apparent from the above summary, the case law that has appeared is mainly in the context of interlocutory applications (which are usually summary judgment applications). Full trials of guarantor claims remain a rarity.

In addition to the case law developments, there were substantial amendments made to the Credit Contracts and Consumer Finance Act 2003 (CCCFA) that came into force in 2015.


PowerPoint Presentation

These are the slides included in the webinar presentation.
Number of Slides: 19

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Statutory Interpretation Update - Webinar Package

Publication Date: 15-Jun-2016

Authors: Ross Carter, Jason McHerron

NZ $255.00

Multiple Registration
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New Zealand