28 Jul 2023
RYAN v LOBB [2023] NZHC 1998
- Citation
- [2023] NZHC 1998
- Court
- High Court
The Court will exercise its inherent jurisdiction to make the declaration in the substantive judgment operate as if it were a duly executed mortgage discharge instrument under s83 PLA where statutory s109 circumstances do not apply, because the mortgagee was given opportunity to act and failed to do so, the order is necessary to give effect to the substantive judgment, is consistent with equity and the PLA, and further delay and costs are unjustified; the order may be directed to lie in Court pending determination of a stay application to protect appeal rights.