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Mortgagees power of sale

  • Taylor Property Group v Permanent Trustees Australia [2011] NSWSC 318

    12 April 2011
    The administrator lodged a caveat for his fees. The lender wanted it removed so he could sell the property. The lender offered the administrator $20,000 to go away but it was refused. The law is that the caveator bears the onus of showing that it has...
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  • Jensen v Bank of Queensland [2011] NSWCA 71

    25 March 2011
    Different caveats were lodged by different persons including the owner to prevent the sale of property by a mortgagee. The mortgagee successfully sought their removal and an order that the Registrar-General not accept any caveats lodged until the...
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  • Bayblu Holdings v Capital Finance Australia [2011] NSWCA 39

    25 February 2011
    The borrower lodged a caveat to prevent the sale of the property by the mortgagee which it claimed to be at undervalue. The lender sought a withdrawal of caveat. The Judge found for the lender and the borrower appealed.  Insufficient sale proceeds to...
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  • Babies Galore v Kelso Builders Supplies [2006] NSWSC 353

    20 April 2006
    In this case the Plaintiff exercised its option for the renewal of a lease and lodged a caveat to protect its rights and interests under that lease. The present proceedings involved an application by the Plaintiff for an order to extend the operation...
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