1 Mar 2020
RE FAR NORTH DISTRICT COUNCIL [2021] NZHC 329
- Citation
- [2021] NZHC 329
- Court
- High Court
The Court was satisfied on the evidence that clause 18 entitled the mortgagor to a discharge on the deaths of the mortgagees, that a discharge was provided in 2006 though now lost, and that the Court has power under ss 109-111 or its inherent jurisdiction to make an order with the same effect as a registered discharge; accordingly the Court granted leave to commence by originating application and ordered the registered mortgage discharged.