Westpac New Zealand Limited v Alan John Clark

[2008] NZSC 100

IN THE SUPREME COURT OF NEW ZEALAND

SC 67/2008
[2008] NZSC 100

BETWEENWESTPAC NEW ZEALAND LIMITED

Appellant

ANDALAN JOHN CLARK

Respondent

Court:Blanchard, Tipping and McGrath JJ

Counsel:R B Stewart QC and M V Robinson for Appellant

A C Challis for Respondent

Judgment:27 November 2008 

JUDGMENT OF THE COURT

A        The application for leave to appeal is granted.

BThe approved ground is whether any, and if so what, amount is secured under the forged mortgage in favour of Westpac which has been registered against the title to the subject property without fraud attributable to Westpac.

Solicitors:
Simpson Grierson, Auckland, for Appellant
McElroys, Auckland for Respondent