NZI Merchant Bank (Singapore) Ltd v Ferdinand Orchards Ltd - [1988] 2 NZLR 294

Practice and procedure — Summary judgment — Mortgagee, having issued default notice under mortgage, sought summary judgment on application for possession of land pursuant to s 106 of the Land Transfer Act 1952 - Whether summary judgment procedure is available on such application — Observations as to whether summary judgment procedure is appropriate when difficult legal questions are involved — Observations as to whether summary judgment may be sought when statement of claim has been amended — High Court Rules, RR 135, 448 and 449.

Property law — Mortgage — Exercise of mortgagee's powers — Mortgagee issued default notice correctly specifying default in respect of interest but allegedly wrongly requiring payment of principal — Observations as to whether notice was defective — Land Transfer Act 1952, s 106 - Property Law Act 1952, s 92.