16 Jul 2008
SOUTHLAND BUILDING SOCIETY V MILLER HC CHCH CIV 2007 409 367
- Citation
- openlaw-495f3abf_d767_448b_bcf8_f9b08b605453.pdf
- Court
- High Court
The registered mortgage, by its terms and by virtue of registration, secures all advances; Mrs Miller did not prove oppression under s120 CCCF Act in manner or inducement terms and, even if the threshold were met, the Court would not exercise its discretion under s127 to reopen or limit the mortgage given inability to quantify misuse, both parties' innocent status regarding the fraud and the matrimonial agreement risk of double recovery; consequently the declaration was granted and the counterclaim dismissed.