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As a result of a dispute over $ 3.86 million of the
Glenbrook contract, these companies experienced cashflow difficulties, and to resolve this, Jenkins started discussions with NZI to increase its revolving credit facility from $ 500,000 to $ 800,000.
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However, due to the financial position of the companies, NZI required additional security for the increase in the credit facility, namely a mortgage over their jointly owned
Hamilton matrimonial home.
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Mrs
Jenkins had an appointment at 2.30pm with her husband's solicitor, although the lawyer was at least 25 minutes late. She also had a later appointment to see her son at 3.30 - 3.45.
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As she was short in time, and in a hurry to make the later appointment, she signed the mortgage documents, without first referring them to her solicitor for legal advice.
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Mr
Jenkins was a director of several companies company, mainly involved in the electrical fields, with the biggest contract involving the expansion of the
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The court dismissed the non est factum plea, as she was not misled into signing the mortgage documents, but instead she was careless in signing them.
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Morgan
Brynmor Jenkins & Ruby Jenkins v NZI Finance Limited and NZI Securities Kimited and NZI International Acceptances Limited
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for a contract is not available simply because a party was careless in signing a contract without first properly reading it.
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as she did not take legal advice before signing the mortgage documents, and did not realize the nature of the mortgage.
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Later, the companies were placed into receivership, and the bank sought to enforce the mortgage security over her home.
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134:(1991) 3 NZBLC 102,198 is a cited case in New Zealand regarding that the common law remedy of
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Mrs
Jenkins claimed the mortgage was unenforceable, pleading
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Chetwin, Maree; Graw, Stephen; Tiong, Raymond (2006).
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An introduction to the Law of
Contract in New Zealand
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202:(4th ed.). Thomson Brookers. p. 296.
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