WESTPAC NEW ZEALAND LIMITED V ALAN JOHN CLARK SC 67/2008
Leave to appeal was granted because the Court approved a single decisive ground for appeal: whether any amount is secured under the forged mortgage registered against the title without fraud attributable to Westpac, a question of law on the effect of forgery within the Torrens registration/indefeasibility framework...
Source-derived case information.
- Citation
- SC 67/2008
- Parties
- Appellant: Westpac New Zealand Limited; Respondent: Alan John Clark
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 27 November 2008
- Procedural Posture
- Civil Appeal / Application for Leave to Appeal (granted)
- Outcome
- Application for leave to appeal granted.
- Legal Topics
- Forged Mortgage, Security Interest, Registration, Fraud, Indefeasibility
Source-derived case record
Summary, issues, holding and outcome
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Parties
Westpac New Zealand Limited
Appellant
Alan John Clark
Respondent
Procedural Posture
Civil Appeal / Application for Leave to Appeal (granted)
Legal Issues
- 1 Whether any, and if so what, amount is secured under the forged mortgage registered against the title to the subject property without fraud attributable to Westpac
Ratio Decidendi
Leave to appeal was granted because the Court approved a single decisive ground for appeal: whether any amount is secured under the forged mortgage registered against the title without fraud attributable to Westpac, a question of law on the effect of forgery within the Torrens registration/indefeasibility framework requiring Supreme Court determination.
Court Disposition
Application for leave to appeal granted.
Orders
- Leave to appeal granted on the approved ground: whether any, and if so what, amount is secured under the forged mortgage registered against the title to the subject property without fraud attributable to Westpac.
Full Case Text
Judgment text and source record
1 paragraphs
WESTPAC NEW ZEALAND LIMITED V ALAN JOHN CLARK SC 67/2008 27 November 2008IN THE SUPREME COURT OF NEW ZEALAND SC 67/2008 [2008] NZSC 100BETWEEN WESTPAC NEW ZEALAND LIMITED Appellant AND ALAN JOHN CLARK Respondent Court: Blanchard, Tipping and McGrath JJ Counsel: R B Stewart QC and M V Robinson for Appellant A C Challis for Respondent Judgment: 27 November 2008JUDGMENT OF THE COURT A The application for leave to appeal is granted. B The approved ground is whether any, and if so what, amount is secured under the forged mortgage in favour of Westpac which has been registered against the title to the subject property without fraud attributable to Westpac.Solicitors: Simpson Grierson, Auckland, for Appellant McElroys, Auckland for Respondent