New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Land transfer act provisions

Legal area

Court

3 Nov 2020

Re Hosken Family Trust [2020] NZHC 2873

Citation

[2020] NZHC 2873
Court

High Court

The Court granted removal of the "no survivorship" entry and made a vesting order in favour of the current trustees because the final beneficiaries are adult and consented, no interested party or mortgagee objected and no notice or advertising was requisite, and because Trustee Act s52(1)(e) permits vesting where a deceased trustee remained registered and had an interest and there is no personal representative.
3 Jul 2009

WESTPAC NEW ZEALAND LIMITED V CLARK SC 67/2008

Citation

WESTPAC NEW ZEALAND LIMITED V CLARK SC 67/2008
Court

Supreme Court

A registered mortgage, although it confers indefeasibility as to title, does not secure obligations arising under a separate unregistered forged loan agreement signed by an impostor unless the registered mortgage (read with any registered memorandum under s155A) unambiguously incorporates obligations of the registered proprietor; here the mortgage/memorandum addressed 'you' to the registered proprietor and did not incorporate the impostor's forged loan, so registration would have secured nothing and the solicitor's failure to register caused no recoverable loss.