3 Jul 2023
ABLE VENTURES LIMITED v BOLTON [2023] NZHC 1689
- Citation
- [2023] NZHC 1689
- Court
- High Court
The 2001 mortgage is declared held by the first defendant as constructive trustee because it is indistinguishable from the 1996 and 2005 mortgages; s44A relief is available where a defendant fails to comply with a court order, but the court must first serve this judgment on the non-compliant defendant before directing the Registrar to execute transfers; accordingly the court ordered service and provided for Registrar execution of transfers if the defendant does not comply within stipulated timeframes.