Court of Appeal Wellington
18 March; 6 July 1987
Cooke P, Somers and Casey JJ
18 March; 6 July 1987
Cooke P, Somers and Casey JJ
Property Law — Mortgage — Rectification — Interest — Interest review provision omitted from mortgage — Mortgagee discovered omission two and a half years after commencement of the review period and gave notice purporting to increase the rate of interest — Whether the mortgage document should be rectified — Whether the increase should relate back to the commencement of the period or date from the giving of the notice — Whether the right was exercised within a reasonable time.
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