New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Interpretation of secured money
  • 19 Jun 2023

    RYAN v LOBB [2023] NZHC 1518

    Citation
    [2023] NZHC 1518
    Court
    High Court

    On objective contract interpretation the Mortgage did not secure WAG's loan to Mr Lobb because the advance was a past payment made prior to the transfer of the Mortgage and was not money owed by the registered proprietors acting as trustees; accordingly declarations were made that the registered proprietors owe no money to WAG and the Mortgage does not secure repayment of any debt or obligation, and WAG was ordered to take steps to discharge the Mortgage under s 83 PLA; the application for a stay was dismissed because the appeal was weak and the balance of convenience favoured implementation…