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Supreme Court of New Zealand Wellington
SC 67/2008; [2009] NZSC 73
4 May; 3 July 2009
Elias CJ, Blanchard, Tipping and Wilson JJ
SC 67/2008; [2009] NZSC 73
4 May; 3 July 2009
Elias CJ, Blanchard, Tipping and Wilson JJ
Property law — Indefeasibility of title — Unregistered mortgage securing loan made to forger — Whether, if registered, mortgage would have created obligation on mortgagee to repay — Whether loss caused by failure to register mortgage — Land Transfer Act 1952, ss 41, 62, 155A and 172(b).
Property law — Mortgage — Unregistered mortgage securing loan made to forger — Whether, if registered, mortgage would have created obligation on mortgagee to repay — Whether loss caused by failure to register mortgage — Land Transfer Act 1952, ss 41, 62, 155A and 172(b).