26 Jul 2019
F L JEFFRIES & COMPANY LIMITED [2019] NZHC 1790
- Citation
- [2019] NZHC 1790
- Court
- High Court
Evidence established that the debt secured by the mortgage had been repaid or, alternatively, any action to recover it is barred by the Limitation Act 2010; accordingly the requirements of s105 Land Transfer Act 2017 were met and the court should exercise its discretion to order the mortgage discharged, with the application permitted to proceed by originating application and without notice.