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Pasquarella v National Australia Finance Ltd - [1987] 1 NZLR 312

$30.00

Court of Appeal Wellington
27, 30 March 1987
Cooke P, Casey and Bisson JJ
Injunction — Interim — Mortgagee's sale — Judge discharged an ex parte interim injunction restraining the sale's settlement — Whether there was any basis for disturbing the Judge's discretionary decision.
Property Law — Mortgagee's sale — Mortgage contained provision that no purchaser at a mortgagee's sale should be concerned to inquire as to the necessity, regularity or propriety of the sale — Observations on whether bona fide purchaser at a Registrar's auction is concerned to inquire into the regularity of the notice given to the mortgagor — Property Law Act 1952, s 99(2)(b).

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