tmmonline.nz  |   landlords.co.nz        About Good Returns  |  Advertise  |  Contact Us  |  Terms & Conditions  |  RSS Feeds

NZ's Financial Adviser News Centre

GR Logo
Last Article Uploaded: Friday, December 6th, 7:49AM

Mortgages

rss
Latest Headlines

Judge discharges order against Mike Pero

Mike Pero has scored a small victory in his long-running legal battle against the current owners of the mortgage advisory firm that bears his name.

Thursday, August 23rd 2018, 6:00AM

by Miriam Bell

The latest instalment of court proceedings in Mike Pero Mortgages Ltd (MPM) vs Mike Pero and Mike Pero Real Estate hit the Auckland High Court last week.

Justice Alisa Duffy presided over two days of debate over whether or not a hearing scheduled for early September should be adjourned.

As part of that hearing, Pero’s lawyers requested that a 2017 charging order, which directed that Pero pay a debt of $2.5 million to Mike Pero Real Estate (MPRE), be discharged.

This was because Pero repaid the total sum owed in June. He expected that a discharging of the order would follow.

However, MPM would not agree to the discharge of the order and so Pero applied to the court to have the order discharged.

In court, MPM’s lawyers staunchly opposed the discharge of the charging order because of alleged behaviour on the part of Pero, which MPM has now filed separate legal proceedings over.

This week Justice Duffy released her judgment on this particular matter.

She says that MPM’s complaints are no more than unproven allegations and judgment is yet to be given on them.

When it came to the matter of the charging order, payment of the judgment sum extinguished liability for those complaints.

Justice Duffy says that while MPM may view the conduct underlying those complaints as ongoing, this is something that is presently unproven.

“And insofar as the plaintiff has fresh complaints to bring against the first and second defendants, once again such complaints are unproven.

“Until the allegations are successfully proved and a sealed judgment to that effect is issued, such allegations cannot support a charging order being granted without leave of the Court.”

That means there is no basis for MPM to keep the 2017 charging order alive and MPM’s refusal to agree to its discharge is without foundation, she says.

“Indeed, for the reasons already given, such refusal is unreasonable, oppressive and an abuse of this Court’s process.”

Justice Duffy says that MPM is in no position to bargain about the discharge of the charging order and now that MPRE has been repaid in full there is no basis for the charging order to remain in force.

“Accordingly, I am satisfied there is no proper basis for the opposition to the application to discharge the charging order. It follows that this order is discharged.”

To date, Justice Duffy has not released a decision on whether the proceedings currently set down for September will be adjourned or not.

Read more:

Mike Pero v MPM $2.5 mill debt fight back in court 

Mike Pero v Mike Pero companies – the battle continues 

Tags: financial advisers Mike Pero mortgages

« Non-bank lenders go dating advisersFMA referred fraudster “broker” to IRD »

Special Offers

Comments from our readers

No comments yet

Sign In to add your comment

 

print

Printable version  

print

Email to a friend
News Bites
Latest Comments
  • Partners kills its matrix
    “@Backstage, thanks. I agree there is no relationship to CoFI, though, from a service perspective, I have two other providers...”
    2 days ago by JPHale
  • Partners kills its matrix
    “Partners Life has decided to stop using its COM for advisers as it believes the system may breach the CoFI regulations which...”
    3 days ago by Amused
  • Partners kills its matrix
    “Insurance companies should stick to their lane. They are not advisers and even those that employ advisers should not be crossing...”
    3 days ago by Tash
  • [GRTV] The nitty gritty of Smart’s ETFs
    “Advisors should consider all gateways into investment markets including cheaply priced ETFs to provide access to low priced...”
    3 days ago by Pragmatic
  • DRS member or not - client care remains advisers’ responsibility
    “FAPs are members of DRS too. Substitute “adviser” for “FAP” and the story is actually a lot more accurate. If...”
    4 days ago by Aggressively_passive
Subscribe Now

Mortgage Rates Newsletter

Daily Weekly

Previous News

MORE NEWS»

Most Commented On
Mortgage Rates Table

Full Rates Table | Compare Rates

Lender Flt 1yr 2yr 3yr
AIA - Back My Build 4.94 - - -
AIA - Go Home Loans 7.49 ▼5.79 ▼5.49 ▼5.59
ANZ 7.39 6.39 6.19 6.19
ANZ Blueprint to Build 7.39 - - -
ANZ Good Energy - - - 1.00
ANZ Special - 5.79 5.59 5.59
ASB Bank 7.39 ▼5.79 ▼5.49 ▼5.59
ASB Better Homes Top Up - - - 1.00
Avanti Finance ▼7.90 - - -
Basecorp Finance ▼8.35 - - -
BNZ - Classic - 5.99 5.69 5.69
Lender Flt 1yr 2yr 3yr
BNZ - Mortgage One 7.54 - - -
BNZ - Rapid Repay 7.54 - - -
BNZ - Std 7.44 ▼5.79 ▼5.59 5.69
BNZ - TotalMoney 7.54 - - -
CFML 321 Loans 6.20 - - -
CFML Home Loans 6.45 - - -
CFML Prime Loans 8.25 - - -
CFML Standard Loans 9.20 - - -
China Construction Bank - 7.09 6.75 6.49
China Construction Bank Special - - - -
Co-operative Bank - First Home Special - ▼5.69 - -
Lender Flt 1yr 2yr 3yr
Co-operative Bank - Owner Occ 6.95 ▼5.79 ▼5.59 5.69
Co-operative Bank - Standard 6.95 ▼6.29 ▼6.09 6.19
Credit Union Auckland 7.70 - - -
First Credit Union Special - ▼5.99 ▼5.89 -
First Credit Union Standard ▼7.69 ▼6.69 ▼6.39 -
Heartland Bank - Online ▼6.99 ▼5.49 ▼5.39 ▼5.45
Heartland Bank - Reverse Mortgage - - - -
Heretaunga Building Society 8.60 6.65 6.40 -
ICBC 7.49 ▼5.79 ▼5.59 5.59
Kainga Ora 8.39 7.05 6.59 6.49
Kainga Ora - First Home Buyer Special - - - -
Lender Flt 1yr 2yr 3yr
Kiwibank 7.25 6.89 6.59 6.49
Kiwibank - Offset 7.25 - - -
Kiwibank Special 7.25 5.99 5.69 5.69
Liberty 8.59 8.69 8.79 8.94
Nelson Building Society ▼7.94 5.95 6.09 -
Pepper Money Advantage 10.49 - - -
Pepper Money Easy 8.69 - - -
Pepper Money Essential 8.29 - - -
SBS Bank ▼7.49 6.95 6.29 6.29
SBS Bank Special - 6.15 5.69 5.69
SBS Construction lending for FHB - - - -
Lender Flt 1yr 2yr 3yr
SBS FirstHome Combo ▼4.94 5.15 - -
SBS FirstHome Combo - - - -
SBS Unwind reverse equity 9.75 - - -
TSB Bank 8.19 6.49 ▼6.39 ▼6.39
TSB Special 7.39 5.69 ▼5.59 ▼5.59
Unity 7.64 5.99 5.69 -
Unity First Home Buyer special - 5.49 - -
Wairarapa Building Society 8.10 6.05 5.79 -
Westpac 7.39 6.39 6.09 6.19
Westpac Choices Everyday 7.49 - - -
Westpac Offset 7.39 - - -
Lender Flt 1yr 2yr 3yr
Westpac Special - 5.79 5.49 5.59
Median 7.49 5.99 5.79 5.69

Last updated: 5 December 2024 10:06am

About Us  |  Advertise  |  Contact Us  |  Terms & Conditions  |  Privacy Policy  |  RSS Feeds  |  Letters  |  Archive  |  Toolbox  |  Disclaimer
 
Site by Web Developer and eyelovedesign.com