3 Jul 2009
WESTPAC NEW ZEALAND LIMITED V CLARK SC 67/2008
- Citation
- WESTPAC NEW ZEALAND LIMITED V CLARK SC 67/2008
- Court
- Supreme Court
A registered mortgage, although it confers indefeasibility as to title, does not secure obligations arising under a separate unregistered forged loan agreement signed by an impostor unless the registered mortgage (read with any registered memorandum under s155A) unambiguously incorporates obligations of the registered proprietor; here the mortgage/memorandum addressed 'you' to the registered proprietor and did not incorporate the impostor's forged loan, so registration would have secured nothing and the solicitor's failure to register caused no recoverable loss.