Chilcott v Goss - [1995] 1 NZLR 263

Contract — Fraud — Mortgage — Fraudulent alteration of mortgage by third party — Documents in possession of third party — Third party solicitor for and director of mortgagee company — Whether third party agent of mortgagee — Whether mortgagor liable to repayment on same terms as contained in mortgage prior to fraudulent alteration — Liability for interest.

Practice and procedure — Pleadings — Amendment of statement of claim — Expiry of limitation period of six years — Whether proposed amendment introducing something essentially different from original statement of claim — Court of Appeal Rules 1955, R 40 — High Court Rules, RR 11(2) and 187(3).