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Robert Hoani Clifford Cribb and Karen Lynne Stevens v FM Custodians Limited - SC 49/2018

Summary

Civil Appeal – Trespass – Bailment – Whether the Court of Appeal erred in finding the respondent mortgagees were entitled to remove the applicants’ possessions from the property – Whether applicants liable for costs associated with removal and storage.

Result

A The application for leave to appeal is dismissed.
B The applicants must pay costs of $2,500 to the respondent.
9 October 2018

Related Documents

High Court decision — FM CUSTODIANS LIMITED v CRIBB & ANOR [2017] NZHC 1562 [7 July 2017]

Court of Appeal decision — CRIBB AND STEVENS v FM CUSTODIANS LIMITED [2018] NZCA 183 [6 June 2018]

Leave judgment - leave dismissed — ROBERT HOANI CLIFFORD CRIBB AND KAREN LYNNE STEVENS v FM CUSTODIANS LIMITED [2018] NZSC 90 [9 October 2018]  (PDF 203 KB)