Murtagh v Murtagh - [1960] NZLR 890

Divorce and matrimonial causes — Motion to set aside instrument on ground that entered into to defeat petitioners' "rights" — Not necessary to show that motive as the only or the dominant one — "Rights" includes those accrued prior to institution of suit — Divorce and Matrimonial Causes Act 1928, s. 34.

Divorce and matrimonial causes — Instrument entered into to defeat petitioners' "rights" — Not indefeasible under Land Transfer Act — Divorce and Matrimonial Causes Act 1928, s. 34 — Land Transfer Act 1952, s. 63.

Divorce and matrimonial causes — Mortgage set aside — Appointment of receiver — Divorce and Matrimonial Causes Act 1928, ss. 34, 52.

Divorce and matrimonial causes — Receiver — Mortgage set aside in matrimonial suit — Power to appoint receiver — Divorce and Matrimonial Causes Act 1928, ss. 34, 52.

Property law — Land transfer — Indefeasibility of title — Instrument liable to be set aside under the Divorce and Matrimonial Causes Act 1928, s. 34 not made indefeasible by registration — Land Transfer Act 1952, s. 63.