Marshalling

  • Naxatu v Perpetual Trustee [2012] FCAFC 163

    15 November 2012
    The rule in Hopkinson v Rolt The second mortgagee in this case invoked the famous rule in Hopkinson v Rolt. The rule states that the priority of a first mortgagee whose mortgage secures all moneys...
  • Across Australia Finance v Kalls [2008] NSWSC 783

    03 August 2008
    In this case there was a priorities dispute, the situation before the loans went into default was as follows: Rose Bay 1st Mortgage - All monies to NAB 2nd Mortgage - Hill 3rd Mortgage - Across...
  • ACN 077 991 890 v NAB [2007] NSWSC 358

    18 April 2007
    There is an ancient law of Equity that allows a second mortgagee whose security is sold by the second mortgagee to be granted a second mortgage over any other security the first mortgagee has from...

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