MORTGAGE CASE
OPPRESSIVE CONDUCT.
ACTION BY THE PUBLIC TRUST.
(Per Press Association). ' AUCKLAND, May 26
"The Court has inherent general jurisdiction to prevent oppression, and in my opinion it is oppressive conduct for a mortgagee to insist on going on with his action for a mortgage debt when an application for relief has been filed, for it is an attempt to rob the mortgagor of a statutory right granted for his protection," said Mr Justice Ostler in a reserved judgment to-day on two motions concerning the estate of the late Dr. F. J. Rayner.
The plaintiff was the Public Trustee and the defendant was John M. Melville, executor of the estate. The plaintiff as mortgagee is owed £26,760.
The judgment will have the effect of staying plaintiff's action and so givin reasonable time to enable defendant's application for relief to be disposed of.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/AG19340528.2.71
Bibliographic details
Ashburton Guardian, Volume 54, Issue 192, 28 May 1934, Page 7
Word Count
143MORTGAGE CASE Ashburton Guardian, Volume 54, Issue 192, 28 May 1934, Page 7
Using This Item
Ashburton Guardian Ltd is the copyright owner for the Ashburton Guardian. You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International licence (CC BY-NC-SA 4.0). This newspaper is not available for commercial use without the consent of Ashburton Guardian Ltd. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.