13 Feb 2013
PEPPER NEW ZEALAND (CUSTODIANS) LIMITED V BUSCH HC HAM CIV-2012-419-1230
- Citation
- openlaw-01c82a26_23ff_4678_9bfa_a047e2638f39.pdf
- Court
- High Court
The registered mortgagee was entitled to possession because the mortgage predated all subsequent sale and lease transactions, no consent was given to those transactions, and the defendants advanced no credible evidential basis for a defence; accordingly summary judgment was appropriate and an order for possession was granted with 21 days to vacate.