Marshalling

Naxatu v Perpetual Trustee [2012] FCAFC 163

The rule in Hopkinson v Rolt The second mortgagee in this case invoked the rule the famous rule in Hopkinson v Rolt. The rule states that the priority of a first mortgagee whose mortgage secures all moneys owing by the mortgagor, is relegated to third priority for any further advances made after the first mortgagee …

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Across Australia Finance v Kalls [2008] NSWSC 783

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 Australia Finance   Pyrmont 1st Mortgage – All monies to NAB 2nd Mortgage – Across Australia Finance  Rose Bay was …

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