Chapman v Aotearoa Resorts Ltd - Tokaanu Māori Township 2nd Residue Trust (2010) 257 Aotea MB 62 (257 AOT 62) [pdf, 245 KB]
...cancelled then the position of the mortgagee is materially effected. Counsel for the mortgagees submitted that if the lease is cancelled then prior to that the mortgagees would need to be heard as to what part of their remedies might be invoked to protect their position. Having considered the submissions of the parties, including the submissions of the trustees as to forfeiture, as a minimum this decision deals with the position of the respondents’ application for relief. The trus...