31 Mar 2014
HOOLE and PITFIELD as receivers of CLAN NA GAEL HOLDINGS NZ LIMITED (In Receivership) v PICKENS [2014] NZHC 620
- Citation
- [2014] NZHC 620
- Court
- High Court
Rotoiti held a registered first mortgage and had lawfully obtained the right to possession by valid default notices; Lambert never obtained title or a valid estate to grant exclusive possession so the lease to Pickens (and sub-lease to van Veen) could not defeat the mortgagor or mortgagee; furthermore the Official Assignee's disclaimers terminated any residual contractual or leasehold rights derived from Lambert, and the mortgagee's registered priority therefore prevailed; accordingly plaintiffs entitled to summary judgment and possession.