Peter William Mawhinney v Nags Head Horse Hotel Limited - SC 105/2013
Summary
Civil Appeal – Whether the Court of Appeal erred in determining that knowledge of a priority agreement between mortgagees was binding on all parties with that knowledge notwithstanding that the priorities had not been registered – Whether the Court of Appeal erred in determining that knowledge by an attorney amounts to knowledge on the part of a principal – Whether the Court of Appeal erred in upholding the High Court decision that the proceedings could be determined summarily – Whether the Court of Appeal failed to have proper regard to Westpac New Zealand Ltd v Clark [2008] NZCA 346 – Whether the Court of Appeal judgment is based on incorrect facts.[2013] NZCA 401 CA 28/2013
Related Documents
Leave judgment - leave dismissed — MAWHINNEY v NAGS HEAD HORSE HOTEL LIMITED [2013] NZSC 120 [14 November 2013] (PDF 52 KB)
Additional Information
A The application for leave to appeal is dismissed.
B The applicant is to pay to the respondent costs of $2,500.
14 November 2013.