13 Sept 2022
AOKAUTERE LAND HOLDINGS LIMITED v TURVEY [2022] NZHC 2338
- Citation
- [2022] NZHC 2338
- Court
- High Court
Invoices that document legal costs incurred by the mortgagee in connection with the mortgage and necessary to secure transfer are payable under s103; costs incurred prior to the assignee acquiring mortgage rights (costs of assignment/subrogation) are not secured moneys payable by the redeeming party; here only two-thirds of Invoice #3 ($719.44) and the reasonable legal costs incurred to effect the transfer are payable, while Invoices #1, #2 and #4 are not proved as secured moneys and are not payable before transfer.