Perfection

GE Commercial v Bankrupt Estate of Lymn [2012] NSWSC 562

A guarantee signed by a party who was subsequently made bankrupt contained the following charging clause: The Guarantor will grant to GE a legal mortgage in registrable form (containing such terms and conditions as GE may require) of any land held by the guarantor now or in the future, which mortgage must secure the amount …

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GE Commercial Corporation v L&B Enterprises [2009] NSWSC 770

GE sought to enforce a clause in a guarantee worded as follows: The guarantor shall grant to GE a legal mortgage in registrable form of any land held by the guarantor now or in the future, which mortgage must secure the amounts referred to in clause 7.1(a); Sadly for GE there was no clause 7.1(a) …

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