w w w . L a w y e r S e r v i c e s . i n



Lynette Joy Mills v/s ASB Bank Limited


Company & Directors' Information:- J P P MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2003PTC010491

Company & Directors' Information:- V M D MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC004822

Company & Directors' Information:- A R C MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC004845

Company & Directors' Information:- S AND Y MILLS LIMITED [Not available for efiling] CIN = U17111TZ1994PLC005460

Company & Directors' Information:- D C MILLS PRIVATE LIMITED [Active] CIN = U25199KL1996PTC009988

Company & Directors' Information:- R A MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2006PTC013248

Company & Directors' Information:- J M MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2006PTC013113

Company & Directors' Information:- M T A MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1989PTC003048

Company & Directors' Information:- P A MILLS INDIA LTD. [Not available for efiling] CIN = U17111TN1990PLC019762

Company & Directors' Information:- K N M MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1990PTC002702

Company & Directors' Information:- V M MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2005PTC011763

Company & Directors' Information:- S. S. MILLS PRIVATE LIMITED [Active] CIN = U24231GJ1988PTC010885

Company & Directors' Information:- G M MILLS PRIVATE LIMITED [Active] CIN = U51900MH1999PTC122189

Company & Directors' Information:- R B MILLS PVT LTD [Active] CIN = U15141AS1949PTC001939

Company & Directors' Information:- ASB INDIA PRIVATE LIMITED [Active] CIN = U51909CT2019PTC009693

Company & Directors' Information:- B T MILLS PRIVATE LIMITED [Active] CIN = U18101MH1997PTC109479

Company & Directors' Information:- T R MILLS PRIVATE LIMITED [Active] CIN = U17111KA1954PTC000799

Company & Directors' Information:- J K MILLS LTD [Strike Off] CIN = U17200WB1946PLC013603

Company & Directors' Information:- G M MILLS PRIVATE LIMITED [Amalgamated] CIN = U18101MH2003PTC138487

Company & Directors' Information:- P N N BANK LIMITED [Strike Off] CIN = U65921TZ1948PLC000153

Company & Directors' Information:- CORPORATION BANK LTD [Dissolved] CIN = U99999KA1901PLC000893

Company & Directors' Information:- CORPORATION BANK LIMITED [Strike Off] CIN = U99999KA1972PLC001067

Company & Directors' Information:- N K JOY AND CO PVT LTD [Strike Off] CIN = U99999DL1972PTC006045

    CA No. 506 of 2019

    Decided On, 21 June 2021

    At, Court of Appeal of New Zealand

    By, THE HONOURABLE MR. JUSTICE CLIFFORD
    By, THE HONOURABLE MR. JUSTICE GILBERT & THE HONOURABLE MR. JUSTICE GODDARD

    For the Appellant: In Person. For the Respondent: B.J. Upton, Advocate.



Judgment Text

REASONS OF THE COURT(Given by Goddard J)The proceedings in the District Court and High Court[1] Ms Mills brought proceedings against ASB Bank Ltd (ASB) seeking compensation for losses that she says she suffered as a result of ASB breaching obligations under the Credit Contracts and Consumer Finance Act 2003 (the CCCFA) and the law of negligence.[2] ASB applied for summary judgment, or in the alternative, to strike out the claim. Judge Courtney granted summary judgment in favour of ASB in respect of all of Ms Mills’ claims, other than a cause of action under s 22 of the CCCFA.[1] Ms Mills appealed to the High Court. Clark J dismissed Ms Mills’ appeal.[2] Clark J subsequently declined an application by Ms Mills for leave to appeal to this Court.[3]The appeal to this Court[3] This Court granted leave to appeal to Ms Mills on the question of whether the District Court was correct to grant summary judgment in favour of ASB on part of Ms Mills’ statement of claim.[4][4] Counsel for ASB have filed a memorandum dated 19 May 2021 advising this Court that ASB consents to Ms Mills’ appeal being allowed. ASB sought orders that:(a) the appeal be allowed by consent;(b) Ms Mills’ claims and ASB’s challenges to those claims be returned to the District Court for determination; and(c) costs in this Court should lie where they fall.[5] At a telephone conference convened by Goddard J on 17 June 2021, Ms Mills confirmed that she consents to the making of the orders proposed by ASB. In particular, she does not seek any order in relation to costs in this Court.[6] We are satisfied that it is appropriate for the appeal to be allowed. The result of allowing the appeal is that the entry of summary judgment on all but one of Ms Mills’ claims is set aside, and the proceedings will continue in the District Court.Result[7] The appeal is allowed.[8] The order of the District Court entering summary judgment in favour of ASB on all causes of action apart from the claim for breach of s 22 of the CCCFA is set aside.[9] The proceedings are remitted to the District Court.[10] There is no order as to costs.----------------------------------------------

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------------------------------------------[1] Peterson v ASB Bank Ltd [2018] NZDC 14505.[2] Mills v ASB Bank Ltd [2019] NZHC 1505.[3] Mills v ASB Bank Ltd [2019] NZHC 2383.[4] Mills v ASB Bank Ltd [2020] NZCA 228, [2020] NZCCLR 22 at [29].
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