11 May 2023
PERPETUAL TRUST LIMITED v BOLTON [2023] NZHC 1108
- Citation
- [2023] NZHC 1108
- Court
- High Court
The respondent, as administrator, executed and registered the mortgage in conflict with his fiduciary duties and the beneficiaries' agreement; that conduct made the mortgage unjustifiably executed and warranted a declaratory judgment that the mortgage be discharged and, given the respondent's non‑engagement, an order directing the respondent to execute a discharge and, failing that, directing the Registrar to execute the discharge pursuant to s44A Senior Courts Act 2016.