High Court Wellington
20, 21, 22 September; 28 October 1993
Holland J
20, 21, 22 September; 28 October 1993
Holland J
Property law — Mortgage — "Show home" erected on mortgaged land — Whether "show home" a chattel or fixture — Mortgagor in default — Owner of "show home" removing home — Notice not given under Property Law Act — Mortgagee serving notice under Property Law Act of intention to enter into possession — Whether mortgagee entitled to enter into possession — Property Law Act 1952, s 92.
Tort — Cause of action — Trespass - "Show home" erected on mortgaged land — Whether mortgagee entitled to possession of land on which "show home" erected — Requirements to give mortgagee cause of action in trespass.
Damages — Assessment — Trespass — Mortgagee maintaining action — Measure of mortgagee's entitlement to damages — Whether mortgagee entitled to exemplary damages.
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