Matich v United Building Society - [1987] 2 NZLR 513

Property law — Mortgage — Exercise of mortgagee's powers — Mortgagor defaulted under mortgage and the mortgagee by registered post issued a notice under s 92 of the Property Law Act — Mortgagor claimed that the notice had not been received and, on an ex parte application, obtained an interlocutory injunction to prevent mortgagee's sale — Mortgagee applied to rescind injunction — Whether service of the notice was deemed to have been affected — Whether mortgagor's lack of good faith and failure to make full disclosure of material facts on the ex parte application should cause injunction to be discharged — Property Law Act 1952, ss 92 and 152.