27 Aug 2013
MAWHINNEY V NAGS HEAD HORSE HOTEL LIMITED CA28/2013 [2013] NZCA 401
- Citation
- [2013] NZCA 401
- Court
- Court of Appeal
The deed of priority was binding on the relevant parties because they had actual knowledge of it; statutory provisions (LTA s105 and PLA s183) preserve prior interests against transfers by a mortgagee; consequently the subsequent transfers were ineffective to defeat Nags Head's first ranking mortgage and summary judgment was properly entered in Nags Head's favour.