22 May 2019
FM CUSTODIANS LTD v R & SMITH [2019] NZHC 1128
- Citation
- [2019] NZHC 1128
- Court
- High Court
The High Court upheld the District Court: the properties were used by Smith to obtain loan advances and thus to facilitate the offence; Smith committed the forgeries as agent in the course of tasks entrusted by FM Custodians (through its solicitor/agent arrangements) so mortgages were obtained by fraud and indefeasibility did not protect FM Custodians; FM Custodians was therefore involved in the offending and relief from instrument forfeiture was correctly refused; appeal dismissed.