New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Receiver of rents

Legal area

Court

23 Dec 2011

BANK OF NEW ZEALAND V TANYA LOUISE CHAPPLE HC NWP CIV 2011-443-000213

Citation

openlaw-b93cb075_a5ce_4509_947c_a17a857f2bfd.pdf
Court

High Court

BNZ proved the loan, guarantee, default and lawful exercise of mortgage powers; BNZ acted in accordance with contractual rights and took reasonable steps to market and sell the property consistent with s176 Property Law Act; the defendant offered no evidential foundation for an arguable defence, so summary judgment was appropriate.
6 Oct 2011

SHELLY ANNE FRANCIS MITCHELL V TRUSTEES EXECUTORS LIMITED COA CA217/2010

Citation

COA CA217/2010
Court

Court of Appeal

Amendment to grounds allowed except for a new quantum ground; application to adduce further evidence dismissed as either not fresh or not cogent; on merits there was no arguable defence: the alleged estoppel was inherently improbable and no detriment shown; the mortgagee's sale process and marketing were reasonable and did not breach s176; whether respondent was mortgagee in possession or receiver raised disputed facts but no arguable breach of duties or good faith or CCCFA oppression was shown; therefore summary judgment was properly entered and appeal dismissed.