6 Jun 2018
CRIBB AND STEVENS v FM CUSTODIANS LIMITED [2018] NZCA 183
- Citation
- (2018) 19 NZCPR 153
- Court
- Court of Appeal
The Court held that the mortgagee became mortgagee in possession by operation of s 139(1)(c) backdated to its application, the removal of chattels before physical entry did not preclude a trespass claim by relation, and a mortgagee who is an involuntary bailee may lawfully and reasonably remove and store trespassing chattels and recover reasonable costs where fair notice was given and occupants failed to act.