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Housing Corporation of New Zealand v Maori Trustee (No 2) - [1988] 2 NZLR 708

$30.00

Court of Appeal Wellington
26 July; 14 September 1988
Cooke P, Richardson and Somers JJ
Property law — Mortgage — Mortgagee sale — Maori Land Court established trust of Maori freehold land and prohibiting alienation by sale or gift but including power to borrow on mortgage — Trustee mortgaged the land and defaulted under the mortgage — Mortgagee demanded repayment to be made on day of demand and two days later issued notice under s 92 of the Property Law Act 1952 - Whether power of sale under mortgage was void or unenforceable because of shortness of time for compliance — Whether notice under s 92 was defective — Whether on balance of convenience interim injunction granted by High Court prohibiting sale by mortgagee should be discharged.

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