Hawkes Bay Standards Committee v McKay [2014] NZLCDT 20 [pdf, 64 KB]
...assertion again seems somewhat surprising. [43] Later the practitioner claimed that he had tried to contact Ms H about the proposed variation but that she did not return his call. Ms H vehemently denies this and says that she was contactable by cell phone at all times. Again we prefer her evidence on this matter. [44] The practitioner did not even make inquiries at the time the mortgage default notice was provided to him, as to whether Ms H had sufficient funds to clear this d...