27 May 2014
HERBERT & ORS as trustees of the HERBERT FAMILY TRUST v SCOTT [2014] NZHC 1137
- Citation
- [2014] NZHC 1137
- Court
- High Court
As registered proprietors who purchased from the mortgagee, the plaintiffs hold indefeasible title protected by the Land Transfer Act and are entitled to possession; the defendant has not established a residential tenancy or any arguable proprietary defence (eg lien) or valid challenge to the mortgagee sale that would defeat the purchasers' title, so summary judgment for possession is appropriate.