Franicevich v Strong - [1997] 1 NZLR 460

Property law — Mortgage — Solicitor acting for both mortgagee and mortgagor — Solicitor holding certificates of title on behalf of mortgagee — Solicitor refusing to deliver certificates of title following discharge of mortgage because of fees allegedly owing by mortgagor — Whether solicitor required to deliver certificates of title to mortgagor.

Law practitioners — Solicitors — Solicitor's lien — Solicitor acting for both mortgagee and mortgagor — Solicitor holding certificates of title on behalf of mortgagee — Solicitor refusing to deliver certificates of title following discharge of mortgage — Solicitor claiming a lien over the certificates of title for fees allegedly owing by mortgagor — Whether solicitor has a lien over the certificates of title.