Court of Appeal Wellington
25, 26 June; 30 October 1992
Richardson, Hardie Boys and McKay JJ
25, 26 June; 30 October 1992
Richardson, Hardie Boys and McKay JJ
Property law — Mortgage — Mortgage of land on which tenanted building situate — Subsequent debenture — Mortgagor in receivership — Receiver appointed by debenture holder — Entry into possession by mortgagee — Derivation of mortgagee's right to enter into possession — Whether at common law or by contract or by statute — Whether interest as mortgagee legal or equitable — Whether mortgagee or debenture holder entitled to receipt of rent — Observations as to whether future rents charged — Land Transfer Act 1952, ss 2, 92, 100 and 106.
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