Cook v United Building Society - [1987] 2 NZLR 519

Property law — Mortgage — Exercise of mortgagee's powers — Mortgagor defaulted under mortgage and the mortgagee by registered post issued a notice under s 92 of the Property Law Act — Notice was not received by the mortgagor and was returned to the mortgagee — Mortgagee instructed Registrar to conduct sale but did not disclose to him that notice had not been served — Registrar conducted sale and property was sold to bona fide purchaser for value — Whether service of the notice was deemed to have been effected — Whether sale by Registrar was ineffective — Whether purchaser was protected from irregularities — Whether mortgagee was under a duty to disclose non-service to Registrar — Property Law Act 1952, ss 92, 99, 102 and 152.