PATTERSON v MORTGAGE FINANCE AUSTRALIA [1990] NSWCA 144

PATTERSON v MORTGAGE FINANCE AUSTRALIA [1990] NSWCA 144

Leave to appeal refused because the present case did not demonstrate that a different rule than that established in Harvey v McWatters would lead to a different result; mortgagors' failure to offer to redeem or pay amount due disentitled them to interlocutory relief.

Parties
Claimant: Patterson; First Respondent: Mortgage Finance Australia
Jurisdiction
Australia
Judgment Date
18 September 1990
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision on Leave to Appeal
Outcome
Leave to appeal refused
Legal Topics
Power of Sale, Injunctions, Sale at Undervalue
Mortgage Law Power of Sale Injunctions Sale at Undervalue

Case Brief

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Parties

Patterson

Claimant

Mortgage Finance Australia

First Respondent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision on Leave to Appeal

Legal Issues

  1. 1 Whether mortgagors in default are entitled to an injunction restraining a mortgagee from exercising a power of sale on alleged sale at undervalue without offering to redeem or pay amount due under mortgage

Ratio Decidendi

Leave to appeal refused because the present case did not demonstrate that a different rule than that established in Harvey v McWatters would lead to a different result; mortgagors' failure to offer to redeem or pay amount due disentitled them to interlocutory relief.

Court Disposition

Leave to appeal refused

Orders

  • Summons for leave to appeal dismissed with costs
  • Claimant to pay opponent's costs