Dollars and Sense Finance Limited v Rerekohu Nathan - SC 31/2007
Summary
Summary Civil appeal – enforceability of a registered mortgage – borrower forged the signature of one of the sureties, his mother, on the mortgage documents – lender’s solicitor had delivered the mortgage documents to the borrower to procure the signatures and express informed consent of the sureties – whether the borrower was the agent of the lender – whether the borrower’s fraud can be attributed to the lender – whether the surety has an in personam claim against the lender. CA 107/05 4 May 2007
Result
Application for leave to appeal granted.
29 June 2007
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Appeal dismissed with costs of $15,000 and reasonable disbursements to the respondent.
8 April 2008
29 June 2007
______________________
Appeal dismissed with costs of $15,000 and reasonable disbursements to the respondent.
8 April 2008
Related Documents
Leave judgment - leave granted — DOLLARS & SENSE FINANCE LIMITED v REREKOHU NATHAN SC 31/2007 [29 June 2007] (PDF 14 KB)
Additional Information
Dollars & Sense Finance Ltd v Nathan [2007] NZCA 177 4 May 2007
Hearing date : 23 November 2008
DOLLARS & SENSE FINANCE LIMITED v REREKOHU NATHAN SC 31/2007 [8 April 2008]