17 Aug 2016
FM CUSTODIANS LIMITED v ST ASAPH INVESTMENTS 2011 LIMITED [2016] NZHC 1915
- Citation
- [2016] NZHC 1915
- Court
- High Court
The defendant failed to advance any arguable defence or evidence that the mortgagee consented to Mr Henderson's occupation; mere knowledge of occupation is insufficient to amount to consent, therefore the plaintiff was entitled to an order for vacant possession.