21 Nov 2018
MCLEAN v PAAKA [2018] NZHC 3018
- Citation
- [2018] NZHC 3018
- Court
- High Court
The mortgage registered against the plaintiffs' property clearly secured only $38,500 and that amount was expressly forgiven by the deceased's will; the Court will not convert or treat any separate unsecured alleged debt as secured by that mortgage, and therefore plaintiffs are entitled to summary judgment and discharge of the mortgage while the defendant remains free to pursue any unsecured claim by counterclaim.