New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Power of attorney formalities

Legal area

Court

18 Dec 2018

MAILLEY v LEGAL COMPLAINTS REVIEW OFFICER [2018] NZHC 3363

Citation

[2018] NZHC 3363
Court

High Court

The Court stayed CIV-2018-134 as an abuse of process because it materially duplicated matters already before the High Court in CIV-2015-1185, creating unfairness to the second respondent; the LCRO's jurisdictional objection (defective power of attorney failing Property Law Act s9(7) formalities) made the JR unlikely to succeed; Mr Minchin was debarred because his prior conduct and expressed views risked compromising his independence under r13.5; security for costs of NZD 16,000 was directed if the stay is lifted.
15 Dec 2017

THORN v UNITED STEEL LTD [2017] NZHC 3152

Citation

[2017] NZHC 3152
Court

High Court

Registration of the mortgage was invalid because the power of attorney relied upon to authorise the registration had not been granted by deed and therefore did not properly authorise the respondent to register the mortgage; notwithstanding the applicant's ultimate success on that ground, the applicant pursued multiple unsuccessful grounds which significantly increased costs, so the appropriate order was that each party bear their own costs.