Read the full judgment text of HCA 001330/1999 on BabelCite. This High Court CFI judgment was delivered on 6 March 2002.
1. A's property was mortgaged to B. C borrowed money from D. The loan was to be secured by a mortgage over A's property in favour of D. B's mortgage was then discharged by the money advanced under the loan to C whereupon D's mortgage was created. When C subsequently defaulted, A alleged that D's mortgage was void and of no effect because of misrepresentation. Assuming but without deciding that A's allegation is true and D's mortgage is hence ineffective, is D nevertheless entitled to be subrogat