Injunctions To Restrain The Exercise Of A Power Of Sale By A Mortgagee: When Will They Be Granted?

Mondaq Business BriefingNbr. 2009, January 2009

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Summary


Uniting Church Trust Association Limited into mortgage repayment cases with Australian Barter Currency Exchange Pty Ltd. - Case overview

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Injunctions To Restrain The Exercise Of A Power Of Sale By A Mortgagee: When Will They Be Granted?

Key Points: Imminent refinancing or repayment, which had been a key factor in earlier cases where there was no dispute as to the amount owing, may no longer be a necessary pre-requisite for the grant of an injunction to restrain the exercise of a power of sale by a mortgagee.

In Australian Barter Currency Exchange Pty Ltd v Uniting Church (NSW) Trust Association Limited [2009] NSWSC 607, Justice Hoeben considered an application for an injunction to restrain t...

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