13 Nov 2012
PALMERSTON NORTH CITY COUNCIL V V BIRCH & ORS HC PMN CIV-2012-454-670
- Citation
- openlaw-ce07e709_922c_464d_b412_fe9fd3597010.pdf
- Court
- High Court
The plaintiff, as purchaser at a mortgagee sale and registered proprietor, obtained title free of any unconsented leases; Mortgage Holding did not consent and the alleged transactions did not bind the mortgagee or purchaser under s105 and s119 LTA; therefore the defendants are unlawful occupiers with no arguable defence and summary judgment for possession is warranted.