13 Dec 2017
LAWTON v REDEMPTECH HOLDINGS PTE LTD [2017] NZHC 3104
- Citation
- [2017] NZHC 3104
- Court
- High Court
HCR 17.30 applies to enforcement processes issued to enforcing officers (charging and sale orders); it does not reach downstream execution steps taken by the enforcing officer such as notices of sale or transfer. 'Good faith' for r 17.30 means acting honestly and without impropriety and does not impose the more onerous mortgagee duty of care. The misdescriptions and inconsistencies alleged were irregularities correctable or in execution and did not demonstrate issuance contrary to good faith. The application to set aside was therefore dismissed.