21 Oct 2013
CALIBRE FINANCIAL SERVICES LIMITED V MORTGAGE ADMINISTRATION SERVICES (CALIBRE) LIMITED CA538/2012 [2013] NZCA 503
- Citation
- [2013] NZCA 503
- Court
- Court of Appeal
Clause 11.2(a) of MOMA, read with the definitions of Secured Agreement, Mortgage and the incorporated LinkLoan booklet (including the Enforcement Expense definition), plainly covers GST payable by the mortgagee on a mortgagee sale; the words "on or in connection with any Secured Agreement" are broad enough to include that GST and the GST sum was therefore indemnifiable by Mortgage Administration to Calibre.