Cricklewood Holdings Ltd v CV Quigley & Sons Nominees Ltd - [1992] 1 NZLR 463

Property law — Mortgage — Mortgage to solicitors nominee company — Execution obtained by fraud of solicitor — Registration prior to registration of earlier mortgage — Priority "except in the case of fraud" - Nominee company a "bare trustee" - Whether innocent contributors to mortgage loan affected by solicitor's fraud — Land Transfer Act 1952, s 62 - Solicitors' Nominee Company Rules 1988.

Company law — Mortgage — Mortgage to solicitors nominee company — Unauthorised execution obtained by fraud of solicitor — Mortgagor company debarred from asserting irregularity of execution of mortgage except against person with "actual knowledge" of fraud — Acquisition of "interests" from company — Whether innocent contributors to mortgage loan affected by solicitor's fraud — Companies Act 1955, ss 18C and 18D.

Partnership — Professional partnership — Partner guilty of fraud in relation to mortgage nominee company — Whether partner acting "in the ordinary course of the business of the firm" - Whether innocent partners liable for partner's fraud — Partnership Act 1908, ss 13 and 19.