A Whangarei couple has lost its bid to have its Blue Chip related mortgage struck out, but will keep fighting the finance company controlling the mortgage, GE Custodians.

Retirees Bruce and Dorothy Bartle claimed their mortgage, arranged after the couple invested with failed company Blue Chip, was approved because of fraudulent documents.

But in the judgment obtained by NBR today Justice Tony Randerson struck out the claims against GE and Tasman Mortgages.

A lawyer fighting for the rights of Blue Chip investors will not wait for judgment in a landmark case before proceeding with further action.

Barrister Paul Dale represented Whangarei retirees Bruce and Dorothy Bartle in their application to have their mortgage, arranged after investing with Blue Chip, struck out. They claimed it was approved on the basis of fraudulent documentation.

The case was heard in the High Court at Auckland before Justice Tony Randerson in April.

Mr Dale expected a judgment would be delivered soon.