National Australia Bank v Hookham [2015] NSWSC 763

National Australia Bank v Hookham [2015] NSWSC 763

Applicant failed to establish a prima facie case that the Bank was not entitled to exercise its power of sale under the mortgage, and the balance of convenience favours permitting the sale; therefore, the injunction to restrain the auction is refused.

Jurisdiction
Australia
Judgment Date
12 June 2015
Procedural Posture
Civil / Interlocutory Application for Urgent Injunction
Outcome
Injunction refused, part-heard application stood over
Legal Topics
['application to Restrain Sale of Property' 'equitable Interests' 'balance of Convenience']
['civil Procedure'] ['application to Restrain Sale of Property' 'equitable Interests' 'balance of Convenience']

Case Brief

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Procedural Posture

Civil / Interlocutory Application for Urgent Injunction

Legal Issues

  1. 1 ['Whether applicant established a prima facie case to restrain sale under mortgage' 'Whether balance of convenience favours restraining the sale' 'Whether applicant has equitable interest sufficient to restrain sale']

Ratio Decidendi

Applicant failed to establish a prima facie case that the Bank was not entitled to exercise its power of sale under the mortgage, and the balance of convenience favours permitting the sale; therefore, the injunction to restrain the auction is refused.

Court Disposition

Injunction refused, part-heard application stood over

Orders

  • ['Order 1 in the Notice of Motion filed 12 June 2015 is refused.' 'Stand over the balance of the Motion to 9.00am on Monday 22 June 2015 before the Registrar.']