In King v PFL Finance Limited & Anor [2015] NZCA 517, the Kings, a husband and wife team of farmers, arranged finance from PFL Finance Limited but the loan went into default. PFL served PLA notices but failed to serve the Kings as guarantors. A receiver was appointed to the farming operation, who determined to cease trading the day after his appointment.
The mere existence of a secured remedy against another party is not a substantial ground for refusing to allow a creditor to pursue a remedy against a guarantor.