McGuinness v Wanganui Rangitikei Building Society

[2023] NZHC 1461

IN THE HIGH COURT OF NEW ZEALAND WHANGANUI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGANUI ROHE

CIV-2023-483-02

[2023] NZHC 1461

BETWEEN

ROBYN JOY McGUINNESS

Plaintiff

AND

WANGANUI RANGITIKEI BUILDING SOCIETY

Defendant

Hearing:	On the papers
Counsel:	E J Unsworth for Plaintiff
Judgment:	13 June 2023

JUDGMENT OF RADICH J

[1]                  In this proceeding, the plaintiff, Robyn Joy McGuinness (Robyn McGuinness) seeks orders that all amounts secured by a mortgage registered on 31 May 1997 against her property at 26 Nikau Street, Tawhero, Whanganui in favour of the defendant, the Wanganui Rangitikei Building Society (the Building Society), have been paid in full and that the mortgage be discharged under ss 109 and 110 of the Property Law Act 2007.

[2]                  As is explained in the affidavit of Robyn McGuinness, the mortgage was paid in full several decades ago. Robyn McGuinness does not recall exactly when, and records are no longer available, but it was certainly before the point in time at which the Building Society ceased operations in or about October 1990.

[3]                  The Building Society no longer exists. As mentioned in my Minute of 26 May 2023, in which I directed no service of the pleadings was required, despite a good deal of effort it is not known what became of the Building Society. It no longer exists as a

McGUINNESS v WANGANUI RANGITIKEI BUILDING SOCIETY [2023] NZHC 1461 [13 June 2023]

legal entity and, despite a range of inquiries, there is no information to suggest that its lending responsibilities have been taken over by any other organisation.

[4]                  Furthermore, there are no records on the Register of Building Societies or with Archives New Zealand that relate in any way to the Building Society.

[5]                  In terms of r 15.9 of the High Court Rules, I am satisfied that the evidence establishes the cause of action that is relied upon.

[6]                  Accordingly, in  all of these circumstances I am satisfied that, in terms of     ss 109(1)(a) and 110(a)(iii) of the Property Law Act 2007, the orders that have been sought may be made.

Orders

[7]The Court declares:

(a)Under s 110 of the Property Law Act 2007 that all amounts secured by mortgage in favour of the Wanganui Rangitikei Building Society over the property at 26 Nikau Street, Tawhero, Whanganui and recorded on the computer freehold register as 226920.02 (the mortgage) have been paid in full; and

(b)Under s 109 of the Property Law Act 2007, the mortgage is discharged.

Radich J

Solicitors:

Horsley Christie, Whanganui for Plaintiff