New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Common law mortgage

Legal area

Court

13 Jun 2007

WALLER AND AGNEW V DAVIES AND ORS SC 20/2007

Citation

SC 20/2007
Court

Supreme Court

Leave to appeal was refused because the applicants failed to satisfy s 13 Supreme Court Act 2003: the alleged fraudulent misrepresentation was not pleaded, the common law mortgage point did not raise a question of sufficient general principle, the alleged concession could not be properly attributed to the opposing respondents as it did not form part of the pleaded case, and other points (option, attestation) did not justify Supreme Court intervention; therefore the Court of Appeal's approach was correct and leave is dismissed.
7 Mar 2007

WALLER AND AGNEW V DAVIES AND ORS CA CA65/05

Citation

openlaw-4fd59d80_1214_4ca7_9c76_52a701e10606.pdf
Court

Court of Appeal

For the ten non-forgery properties the Court found no pleaded or adequately evidenced fraudulent misrepresentation that created an adverse equitable interest at the time of registration; therefore Davies could not be found to have committed Land Transfer fraud against those nonexistent interests and there was no basis to impute his knowledge to innocent mortgagees; accordingly the High Court orders as to those ten properties (including costs orders) were set aside and judgment entered for the respondents; the two forgery claims were struck out by consent and dealt with separately.