Lets We Forget Pty Ltd v Westpac Banking Corporation & Ors [2005] NSWSC 1165

Lets We Forget Pty Ltd v Westpac Banking Corporation & Ors [2005] NSWSC 1165

The interlocutory injunction was refused because even assuming the current agency appointment was defective, the mortgagee could make a new and valid appointment at any time, rendering any injunction futile and of no real utility. The evidence also established that relevant events of default had occurred, entitling the mortgagee to exercise its power of sale.

Jurisdiction
Australia
Judgment Date
14 November 2005
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Application Dismissal
Outcome
Application for interlocutory injunction dismissed with costs.
Legal Topics
['remedies of Mortgagee' 'appointment of Agents' 'mortgagee in Possession' 'interlocutory Injunctions']
['mortgages' 'equity' 'corporations Law'] ['remedies of Mortgagee' 'appointment of Agents' 'mortgagee in Possession' 'interlocutory Injunctions']

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory Application Dismissal

Legal Issues

  1. 1 ['Whether the appointment of agents by the mortgagee was valid absent mortgagee being in possession' 'Whether actions of mortgagee or its agents towards sale should be enjoined if appointment defective' 'Whether events of default occurred entitling exercise of power of sale']

Ratio Decidendi

The interlocutory injunction was refused because even assuming the current agency appointment was defective, the mortgagee could make a new and valid appointment at any time, rendering any injunction futile and of no real utility. The evidence also established that relevant events of default had occurred, entitling the mortgagee to exercise its power of sale.

Court Disposition

Application for interlocutory injunction dismissed with costs.

Orders

  • ['Application for interlocutory order in terms of paragraph 6 of the summons is dismissed with costs.' "Balance of the summons stood over to the Registrar's list on Thursday, 24 November 2005."]