COMMUNICATIONS GROUP (AUSTRALIA) PTY LTD v BRIEN [1992] NSWCA 45

COMMUNICATIONS GROUP (AUSTRALIA) PTY LTD v BRIEN [1992] NSWCA 45

Interest for the five days in question was not part of the 'moneys hereby secured' for the purposes of the debenture prior to its becoming payable on 11 February, and therefore there was no serious question to be determined that warranted interlocutory relief.

Parties
Claimant: Communications Group (Australia) Pty Ltd; First Opponent: Brien; Second Opponent: Second Opponents (vendors)
Jurisdiction
Australia
Judgment Date
23 January 1992
Procedural Posture
Application for Interlocutory Relief / Court of Appeal – Interlocutory Motion Pending Appeal
Outcome
Motion for interlocutory relief dismissed
Legal Topics
Mortgage Debenture, Appointment of Receiver, Interlocutory Relief
Equity Property Law Mortgage Debenture Appointment of Receiver Interlocutory Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Communications Group (Australia) Pty Ltd

Claimant

Brien

First Opponent

Second Opponents (vendors)

Second Opponent

Procedural Posture

Application for Interlocutory Relief / Court of Appeal – Interlocutory Motion Pending Appeal

Legal Issues

  1. 1 Whether interest not yet due for payment forms part of 'moneys hereby secured' under the mortgage debenture
  2. 2 Whether the power to appoint a receiver under the debenture was validly exercised

Ratio Decidendi

Interest for the five days in question was not part of the 'moneys hereby secured' for the purposes of the debenture prior to its becoming payable on 11 February, and therefore there was no serious question to be determined that warranted interlocutory relief.

Court Disposition

Motion for interlocutory relief dismissed

Orders

  • Motion dismissed with costs