NZ 27/2/2016 23/12/2015
Commercial law — Mortgages — Mortgagees — Rights and powers
Wills, probate and administration — Probate and letters of administration — Administration
Judgment of Associate Judge Bell regarding application by ASBBL for orders under pt 6 Insolvency Act 2006 (IA) – ASBBL had lent money with mortgage security over properties owned by two separate borrowers – both borrowers died with nobody appointed to administer their estates – loans were now in default and ASBBL wished to enforce its powers of sale – needed to serve notice under s 119 Property LawAct 2007 (PLA), but there was nobody to serve the notices upon – ASBBL sought orders that the estates of the deceased mortgagors be administered under the IA.
Held, alternative approach could be used – service could be dispensed with altogether – would be an easier path than having the estates administered under pt 6 IA or obtaining grants of administration underAdministration Act 1969 – ASBBL invited to apply for orders dispensing with service of s 119 PLA notices – orders accordingly.
Legislation Considered
- Administration Act 1969 s 19 , s 22 , s 22(2)
- Crown Proceedings Act 1950
- Insolvency Act 2006 Pt 6
- Property (Relationships) Act 1976 s 42
- Property Law Act 2007 s 92(1) , s 119 , s 120 , s 121 , s 352 , s 352(c) , s 353(1)(a) , s 355(3) , s 357 , s 359 , s 360 , Pt 7
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