SM v ASB Bank Limited - SC 25/2012

Summary

Civil Appeal – Relationship Property Law – Whether a notice of claim under s 42 of the Property (Relationships) Act 1976 should have been removed in the circumstances of the case where it is alleged that the Respondent was aware of the Applicant’s extant claims to property – Whether a third party purchaser can exercise a mortgagee’s power to possess property occupied under s 27 of the Property (Relationships) Act 1976. CA 6902011  [2012] NZCA 103

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