BRIDGECORP FINANCE LTD V THE PROPRIETORS OF MATAURI X INC SC SC 28/2005
The Court granted leave to appeal to permit consideration of whether the borrowing and the grant of the mortgage were authorized either by s 253 of the Te Ture Whenua Maori Act 1993 or by object (d) of Matauri X's incorporating order; the substantive questions are reserved for the appeal.
Source-derived case information.
- Citation
- SC 28/2005
- Parties
- Applicant: Bridgecorp Finance Limited; Respondent: The Proprietors of Matauri X Incorporated
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 2 June 2005
- Procedural Posture
- Application for Leave to Appeal to the Supreme Court / Leave Granted; Appeal Scheduled for Hearing
- Outcome
- Leave to appeal granted.
- Legal Topics
- Section 253 Te Ture Whenua Maori Act 1993, Incorporating Order Objects, Power to Borrow, Validity of Mortgage, Capacity of Incorporated Proprietors
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Bridgecorp Finance Limited
Applicant
The Proprietors of Matauri X Incorporated
Respondent
Procedural Posture
Application for Leave to Appeal to the Supreme Court / Leave Granted; Appeal Scheduled for Hearing
Legal Issues
- 1 Whether the borrowing was within the powers of Matauri X by virtue of s 253 of the Te Ture Whenua Maori Act 1993
- 2 Whether the granting of the mortgage was within the powers of Matauri X by virtue of object (d) of the incorporating order
Ratio Decidendi
The Court granted leave to appeal to permit consideration of whether the borrowing and the grant of the mortgage were authorized either by s 253 of the Te Ture Whenua Maori Act 1993 or by object (d) of Matauri X's incorporating order; the substantive questions are reserved for the appeal.
Court Disposition
Leave to appeal granted.
Orders
- Leave to appeal granted for the appellant to argue whether the borrowing and mortgage were within Matauri X's powers under s 253 or object (d) of the incorporating order
- Appeal to be heard on 5 July 2005 commencing at 9:30 a.m.
Full Case Text
Judgment text and source record
1 paragraphs
BRIDGECORP FINANCE LTD V THE PROPRIETORS OF MATAURI X INC SC SC 28/2005 2 June 2005IN THE SUPREME COURT OF NEW ZEALAND SC 28/2005 [2005] NZSC 31BETWEEN BRIDGECORP FINANCE LIMITED Applicant AND THE PROPRIETORS OF MATAURI X INCORPORATED Respondent Court: Gault J and Blanchard J Counsel: P J Dale for Applicant D A Watson for Respondent Judgment: 2 June 2005JUDGMENT OF THE COURT[1] Leave to appeal is granted for the appellant to argue the following ground: Was the borrowing and the granting of the mortgage to Bridgecorp within the powers of Matauri X by virtue of either (or both) of: (a) s 253 of the Te Ture Whenua Maori Act 1993 or (b) object (d) of the objects stated in the incorporating order of Matauri X? [2] The appeal will be heard on 5 July with a commencement time of 9.30 a.m. [3] The appellant's submissions are to be filed and served by 17 June 2005. [4] The respondent's submissions are to be filed and served by 28 June.Solicitors: Grove Darlow & Partners, Auckland, for Applicant Roy MacDonald Law, Auckland, for Respondent