15 Mar 2012
DOHERTY V BANK OF NEW ZEALAND HC WN CIV-2012-485-543
- Citation
- openlaw-f294afed_cfdd_4d25_949c_e1d8fd6da9f1.pdf
- Court
- High Court
Given the applicants' lengthy and recurrent history of defaults, absence of negotiation since the default notice, significant delay was not established as oppressive, and the mortgage debt exceeded property value, there was no arguable case that it would be oppressive under s127 CCFA to permit the mortgagee sale; the injunction was dismissed.