13 Aug 2009
TEA CUSTODIANS (PACIFIC) LIMITED V TAKARANGI AND ANOR HC WN CIV 2009-485-001081
- Citation
- openlaw-5ed2dbe0_4814_4655_b2f1_c59a9ce562e0.pdf
- Court
- High Court
The plaintiff was entitled to summary judgment for possession because the defendant defaulted and failed to remedy the default after a valid s92 notice, the Official Assignee disclaimed interest, insolvency law preserves the mortgagee's right to realise the security, and the defendant advanced no real defence to defeat summary judgment; accordingly an order for vacant possession was justified.
- Mortgagee possession
- Mortgagee sale
- Bankruptcy and secured creditors
- Summary judgment
- Default notice and enforcement