Lockwood Buildings Ltd v Trust Bank Canterbury Ltd - [1995] 1 NZLR 22

Property law — Mortgage — Show home erected by appellant on land mortgaged to respondent — Mortgagor giving first debenture to Bank of New Zealand Ltd and second debenture to appellant — Mortgagor defaulting under mortgage — Section 92 notice not given by respondent on default — Appellant moving home from property on following day in belief that home a chattel — Section 92 notice given prior to respondent commencing proceedings for trespass — Whether show home a fixture and so subject to the mortgage — Whether mortgagee entitled to possession — Whether mortgagee entitled to sue in trespass — Property Law Act 1952, s 92.

Tort — Cause of action — Trespass — Show home erected by appellant on land mortgaged to respondent — First debenture given to Bank of New Zealand — Second debenture given to appellant — Mortgagor defaulting under mortgage — Section 92 notice not given by respondent on default — Receiver appointed by Bank of New Zealand — Appellant moving home from land on following day in belief that home a chattel — Section 92 notice given prior to respondent commencing proceedings for trespass — Whether or not respondent entitled to sue in trespass — Property Law Act 1952, s 92.

Damages — Assessment — Exemplary damages — Show home erected by appellant on land mortgaged to respondent — Show home a fixture on such land — Appellant believing it to remain a chattel and removing it on basis of that belief — Appellant thereby committing trespass against respondent's security interest in land — Whether mortgagee entitled to exemplary damages in action for trespass.