14 Jul 2020
FM CUSTODIANS LIMITED v R [2020] NZCA 285
- Citation
- [2020] NZCA 285
- Court
- Court of Appeal
The Court held the properties were instruments of crime because the equity in the land was used to facilitate the fraudulent obtaining of loan advances; mortgages obtained through the agent's fraud (forgery and dishonest certification) are void ab initio and agent fraud is imputable to the principal under Nathan v Dollars & Sense Ltd, and on the facts FMC was materially involved in the offending, so FMC had no recoverable interest and was not entitled to relief; appeal dismissed.