Amalgamated Roofing Ltd v Chris Larsen Ltd - [1990] 1 NZLR 185

Property law — Mortgage — Priority between mortgages — Effect of memorandum of priority between first and third mortgagees where second mortgagee did not consent — Memorandum of priority was registered giving third mortgagee priority over first mortgagee but subject to second mortgage — Second mortgagee knew nothing about priority and did not consent — Whether consent of second mortgagee was required — Whether second mortgagee had priority over first and third mortgagees — Whether third mortgagee obtained priority previously afforded first mortgagee — Land Transfer Act 1952, s 103.

Wages protection and contractors' liens — Priorities between mortgages and lien — Lien was registered subject to first mortgage — Subsequently second mortgage was registered with memorandum of priority giving second mortgagee priority over first mortgagee — Second mortgagee applied to cancel lien — Whether lien holder had priority over first and second mortgagees — Whether second mortgagee obtained priority previously afforded first mortgagee — Whether lien was prejudicial to mortgagee sale — Whether lien should be cancelled — Wages Protection and Contractors' Liens Act 1939, s 44.