DOLLARS & SENSE FINANCE LIMITED V REREKOHU NATHAN SC 31/2007
The Supreme Court granted leave to appeal to determine (1) whether Rodney Nathan was the appellant's agent in procuring the loan and mortgage signatures, (2) whether his forgery is attributable to the appellant, and (3) whether the mortgage is subject to an in personam claim; pending resolution the Court stayed the...
Source-derived case information.
- Citation
- SC 31/2007
- Parties
- Appellant: Dollars & Sense Finance Limited; Respondent: Rerekohu Nathan
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 29 June 2007
- Procedural Posture
- Appeal to the Supreme Court / Leave to Appeal Granted; Preliminary Stay Ordered
- Outcome
- Leave to appeal granted; approved grounds of appeal specified; stay of High Court order under s85 Land Transfer Act 1952 in respect of Memorandum of Mortgage D 066912.1 North Auckland Land Registry pending further order; appellant directed to serve sealed copy of orders on District Land Registrar.
- Legal Topics
- Agency, Attribution of Fraud, Mortgagee Rights, In Personam Claim, Land Transfer Act S 85, Forgery
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dollars & Sense Finance Limited
Appellant
Rerekohu Nathan
Respondent
Procedural Posture
Appeal to the Supreme Court / Leave to Appeal Granted; Preliminary Stay Ordered
Legal Issues
- 1 Whether Rodney Nathan acted as the agent of the appellant for obtaining his parents' signatures on the loan and mortgage documentation
- 2 If he did act as agent, whether his forgery of his mother's signature is attributable to the appellant so as to constitute the appellant's fraud
- 3 Whether the appellant's interest as mortgagee is subject to an in personam claim by the respondent
Ratio Decidendi
The Supreme Court granted leave to appeal to determine (1) whether Rodney Nathan was the appellant's agent in procuring the loan and mortgage signatures, (2) whether his forgery is attributable to the appellant, and (3) whether the mortgage is subject to an in personam claim; pending resolution the Court stayed the High Court order made under s85 Land Transfer Act 1952 relating to the mortgage.
Court Disposition
Leave to appeal granted; approved grounds of appeal specified; stay of High Court order under s85 Land Transfer Act 1952 in respect of Memorandum of Mortgage D 066912.1 North Auckland Land Registry pending further order; appellant directed to serve sealed copy of orders on District Land Registrar.
Orders
- Leave to appeal granted
- Approved grounds of appeal: (a) agency in procurement of signatures; (b) attribution of agent's fraud to appellant; (c) whether mortgagee interest is subject to an in personam claim
Full Case Text
Judgment text and source record
1 paragraphs
DOLLARS & SENSE FINANCE LIMITED V REREKOHU NATHAN SC 31/2007 29 June 2007IN THE SUPREME COURT OF NEW ZEALAND SC 31/2007 [2007] NZSC 50BETWEEN DOLLARS & SENSE FINANCE LIMITED Appellant AND REREKOHU NATHAN Respondent Court: Blanchard, Tipping and Anderson JJ Counsel: W G C Templeton for Appellant J L Foster for Respondent Judgment: 29 June 2007JUDGMENT OF THE COURT A Leave to appeal is granted. B The approved grounds of appeal are: (a) Whether Mr Rodney Nathan acted as the agent of the appellant for the purpose of obtaining the signatures of his parents on the loan documentation, including the mortgage. (b) If he did so act as agent, whether his fraud (the forgery of his mother's signature on the documentation) is attributable to the appellant so as to be regarded as its fraud. (c) Whether the appellant's interest as mortgagee is subject to an in personam claim by the respondent.C (a) Pending further order of this Court the order made by the High Court under s 85 Land Transfer Act 1952 in respect of Memorandum of Mortgage D 066912.1 North Auckland Land Registry is stayed. (b) The appellant is directed to serve a sealed copy of these orders on the District Land Registrar, North Auckland Land District.With reference to the matter raised in paragraph 4.3 of the leave submissions on behalf of the appellant we note that it has not been put in issue in the proceeding before this Court.Solicitors:Blackwells, Auckland for Appellant Ellis Law, Auckland for Respondent