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Supreme Court will hear GE appeal over Blue Chip ruling

The Supreme Court granted GE leave to appeal a Court of Appeal ruling that the financial services firm’s loan to a Whangarei couple was oppressive under the Credit Contracts and Consumer Finance Act.

Thursday, August 5th 2010, 10:03PM 1 Comment

The court will let GE, and Bruce and Dorothy Bartle address their written submissions, though they will not be able to extend arguments to relief if the appeal is dismissed.

In May, the Court of Appeal ruled the Bartles $630,000 loan from GE, which was taken out to buy a Blue Chip investment property, was oppressive under the act.

The pensioners' loan was secured on their family home as well as the investment property, and when Blue Chip went belly-up, they faced a mortgagee sale of the house to repay the outstanding amount owed to GE.

The Bartles lost their case in the High Court, but one on appeal.

The case will be heard in Wellington at the Supreme Court in October.

To find out more about the Bartle case and what it means for lenders and brokers read the latest issue of the NZ Mortgage Magazine

 

 

 

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Comments from our readers

On 6 August 2010 at 4:04 pm Andy Phillipson said:
Although not entirely happy supporting GE, isn't also the role of the adviser, and the solicitor to fully advise the client of all ramifications of offering mortgage security? This ruling has already had a negative impact on genuine property investment opportunities. It is about time people started taking responsibility and them being accountable!
Commenting is closed

 

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Mortgage Rates Table

Full Rates Table | Compare Rates

Lender Flt 1yr 2yr 3yr
AIA 4.55 3.19 3.19 3.49
AIA Special - 2.69 2.69 2.99
ANZ 4.44 3.15 3.25 ▼3.39
ANZ Special - ▼2.55 ▼2.69 ▼2.79
ASB Bank 4.45 3.19 3.19 3.49
ASB Bank Special - 2.69 2.69 2.99
Bluestone 4.44 4.44 4.44 4.44
BNZ - Classic - 2.65 2.69 2.99
BNZ - Mortgage One 5.15 - - -
BNZ - Rapid Repay 4.60 - - -
BNZ - Std, FlyBuys 4.55 3.25 3.29 3.59
Lender Flt 1yr 2yr 3yr
BNZ - TotalMoney 4.55 - - -
China Construction Bank 4.49 4.70 4.80 4.95
China Construction Bank Special - 2.65 2.65 2.80
Credit Union Auckland 5.45 - - -
Credit Union Baywide 5.65 4.75 4.75 -
Credit Union South 5.65 4.75 4.75 -
First Credit Union Special 5.85 3.35 3.85 -
Heartland 3.95 2.89 2.97 3.39
Heartland Bank - Online - - - -
Heretaunga Building Society 4.99 4.35 4.45 -
HSBC Premier 4.49 2.60 2.65 2.80
Lender Flt 1yr 2yr 3yr
HSBC Premier LVR > 80% - - - -
HSBC Special - - - -
ICBC 3.99 2.58 2.68 2.79
Kainga Ora 4.43 3.29 3.39 3.85
Kiwibank 3.40 3.40 3.54 4.00
Kiwibank - Capped - - - -
Kiwibank - Offset - - - -
Kiwibank Special 3.40 2.65 2.79 3.25
Liberty 5.69 - - -
Nelson Building Society 4.95 3.45 3.49 -
Pepper Essential 4.79 - - -
Lender Flt 1yr 2yr 3yr
Resimac 3.49 3.45 3.39 3.69
SBS Bank 4.54 3.29 3.19 3.49
SBS Bank Special - 2.79 2.69 2.99
The Co-operative Bank - Owner Occ 4.40 ▼2.69 ▼2.75 ▼2.99
The Co-operative Bank - Standard 4.40 ▼3.19 ▼3.25 ▼3.49
TSB Bank 5.34 ▼3.35 3.49 3.79
TSB Special 4.54 ▼2.55 2.69 2.99
Wairarapa Building Society 4.99 3.75 3.99 -
Westpac 4.59 4.15 4.09 4.49
Westpac - Offset 4.59 - - -
Westpac Special - ▼2.55 2.69 2.79
Median 4.55 3.19 3.22 3.39

Last updated: 10 July 2020 9:02am

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