20 Jun 2017
IN RE KIPKE [2017] NZHC 1361
- Citation
- [2017] NZHC 1361
- Court
- High Court
The Ontario deed forgiving the debt manifested the mortgagee's clear intention to release the debtor and, despite not mentioning the mortgage instrument, amounted to "words to that effect" under s 83(1)(c) so that the debt was discharged and the mortgage may be treated as paid and permitted to be discharged by order of the Court.