Devon Nominees Ltd v Auckland Harbour Board and Others - [1978] 1 NZLR 813

Property law — Real property — Land Transfer Act — Mortgage of leasehold interest — Forfeiture of lease for non-payment of rent — Mortgagee claimed possession and sale of leasehold interest — Before lessee's default rent for renewed term had been settled by arbitration — Lease silent on payment of costs of arbitration — Whether mortgagee must pay costs of arbitration as a condition of relief sought — Land Transfer Act 1952, s 108.