7 May 2014
MAWHINNEY v REGISTRAR-GENERAL OF LAND [2014] NZHC 933
- Citation
- [2014] NZHC 933
- Court
- High Court
The instrument submitted by the mortgagee after amendment and re-execution was a different instrument from the earlier transfer presented by the registered proprietor; because s43(6) deems the returned original instrument not to have been presented the Registrar-General had no power to register the later instrument with the earlier presentation date and the High Court therefore had no jurisdiction to order retrospective registration via mandamus or certiorari; the proceeding is struck out for want of jurisdiction.