Burmeister v O’Brien - [2008] 3 NZLR 842

Commercial law — Credit contracts — Meaning of “security interest” — Meaning of security interest in connection with buy-back transaction — Application to principles of indefeasibility of title — Credit Contracts and Consumer Finance Act 2003, ss 5, 119 and 120.

Property law — Indefeasibility of title — Whether overridden by other than express words — Priority of bona fide mortgagee for value — Land Transfer Act 1952, ss 62, 63, 64, 75, 172 and 182.

Law practitioners — Solicitors as agent — Whether knowledge of solicitor on limited instructions imputed or attributed to mortgagee — Limitations of agency in common conveyancing practice.