26 Nov 2010
PARIHOA FARMS LIMITED V RODNEY DISTRICT COUNCIL HC AK CIV-2009-404-0537
- Citation
- openlaw-5278d61b_e487_405c_8779_b2f68378c0b8.pdf
- Court
- High Court
Section 97 PLA07 applies to encumbrances registered as mortgages; 'all other obligations secured by the mortgage' is to be read broadly to include non‑monetary obligations secured by a rent charge, so the mortgagor cannot redeem by payment of the nominal sum alone while other secured obligations subsist; the encumbrance is indivisible and no partial discharge is warranted; no equitable relief available on these facts.