7 Jul 2017
FM CUSTODIANS LIMITED v CRIBB & ANOR [2017] NZHC 1562
- Citation
- [2017] NZHC 1562
- Court
- High Court
The Court held that under s 139(1)(c) the plaintiff was a mortgagee in possession from the date of its possession application; the plaintiff revoked permission for the chattels to remain by correspondence and service of the possession order and gave reasonable notice; the defendants' chattels therefore constituted trespass and, as involuntary bailee, the plaintiff was entitled to recover reasonable packing, removal, storage and insurance costs. Judgment awarded to plaintiff for $51,586.40 plus interest and costs on a 2B basis.