Loading... Please wait...
High Court Wellington
16, 19 March; 6 July 1993
Master Gambrill
16, 19 March; 6 July 1993
Master Gambrill
Property law — Mortgage — Mortgagee sale by first mortgagee — Rights of second mortgagee — Application by second mortgagee for remaining proceeds held by first mortgagee — Statutory trust — Land Transfer Act 1952, s 104(1)(c).
Practice and procedure — Summary judgment — No arguable defence — Possible injustice to third party — Defendant failing to interplead on behalf of third party — Whether Court had discretion to refuse summary judgment — High Court Rules, R 136.