BNZ Finance Ltd v Smith and Leuchars - [1991] 3 NZLR 659

Property law — Mortgage — Security by way of guarantee — Mortgages of land by guarantors — No security given by principal debtor — Default in payments of interest — Summary judgment proceedings against guarantors — Whether a claim for money secured by any mortgage of land — Whether notice pursuant to s 92 of the Property Law Act required - "Money secured by any mortgage of land" - Whether a claim for an amount owing under the covenant to repay expressed or implied in the mortgage — Property Law Act 1952, s 92.

Practice and procedure — Pleadings — Statement of claim — Claim against defendants as guarantors of repayment of moneys advanced under loan agreement — Default in payment of interest by principal debtor — Summary judgment refused — Repayment of loan falling due between refusal and hearing of appeal.