2 Sept 2008
BURMEISTER V O'BRIEN AND ORS HC TAU CIV 2005-470-0396
- Citation
- openlaw-46022422_7b3d_4f1f_9584_00d5404f6c51.pdf
- Court
- High Court
Associate Judge's strike-out decision is correct and is affirmed: the ASB mortgage was not a security interest taken in connection with the buy-back transaction for purposes of the CCCF Act; the CCCF Act does not implicitly override the indefeasibility protections for innocent bona fide mortgagees; and the sixth defendant's knowledge acquired while acting for the trustees under a limited ministerial mandate cannot be imputed to ASB, so the fraud exception to indefeasibility does not apply.