Chambers v Commissioner of Stamp Duties - [1943] NZLR 504

Mortgage — Mortgagors and Tenants Relief Acts — Gift — Consideration — Estoppel — Capitalization of Interest — "Further advances" — "Accept" — Mortgage from Son to Mother securing Principal Sum, "further advances," and Interest at higher Rate with Provision for acceptance of reduced Rate on punctual Payment — Mother intending to forgive Arrears of Interest from Time to Time, writing off, transferring Arrears to Loan Account, rendering Accounts for Interest at Lower Rate than provided for in Mortgage — Mother's Account Books bringing forward Remissions, and her Accounts rendered to Mortgagor indicating complete Forgiveness, and her Accounts at the Time of her Death showing no Arrears — Whether mere Expression of Intention to make Gift or a complete Gift — Period of Limitation Applicable — Whether Transfer of Arrears to Loan Account made Amounts so Transferred Simple Contract Debts — Whether Mortgagee's Conduct supplied Consideration or created Estoppel in respect of Mortgagor's Failure to resort to Procedure provided by Mortgagors and Lessees Rehabilitation Act, 1936 — Whether Interest Capitalized became "further advances" — Whether Penal or Lower Rate of Interest chargeable on Arrears — Judicature Act, 1908, ss 7, 9, 92 — Mortgagors and Lessees Rehabilitation Act, 1936, s 29 — Civil Procedure Act, 1835 (3 and 4 Wm IV, c 42), s 3.