New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Mortgage transfer

Legal area

Court

13 Sept 2022

AOKAUTERE LAND HOLDINGS LIMITED v TURVEY [2022] NZHC 2338

Citation

[2022] NZHC 2338
Court

High Court

Invoices that document legal costs incurred by the mortgagee in connection with the mortgage and necessary to secure transfer are payable under s103; costs incurred prior to the assignee acquiring mortgage rights (costs of assignment/subrogation) are not secured moneys payable by the redeeming party; here only two-thirds of Invoice #3 ($719.44) and the reasonable legal costs incurred to effect the transfer are payable, while Invoices #1, #2 and #4 are not proved as secured moneys and are not payable before transfer.
10 Jul 2015

TONG v ANZ BANK NEW ZEALAND LIMITED & ANOR [2015] NZHC 1621

Citation

[2015] NZHC 1621
Court

High Court

The Court ordered specific performance of the agreement, but required the purchase price to be reduced by any amount paid or payable to the first defendant under the mortgage transferred pursuant to the earlier decision of Duffy J, and directed that the first $200,000 payable to the second defendant be paid into the second defendant's solicitor's trust account to be held on trust pending determination of the compensation claim.