26 Jul 2022
TANIRAU v TANIRAU [2022] NZHC 1792
- Citation
- [2022] NZHC 1792
- Court
- High Court
Section 115 applies only where a mortgage secures periodical payments (other than interest); because the mortgage in question does not secure periodical payments the Court had no jurisdiction under s115 to order payment into court of the principal to obtain a s116 certificate and therefore the relief sought must be dismissed despite the applicant being entitled to redeem on payment of the outstanding principal.