Bransgrove v Permanent Custodians Ltd [2006] NSWSC 747

Bransgrove v Permanent Custodians Ltd [2006] NSWSC 747

The tenant, having received a notice to occupier advising of his rights and the consequences of non-action, did not take steps to be joined as a defendant and therefore does not have an equitable right against the mortgagee to restrain eviction.

Jurisdiction
Australia
Judgment Date
14 July 2006
Procedural Posture
Application for Injunction / Judgment on Application
Outcome
Application dismissed
Legal Topics
['landlord and Tenant' 'use and Occupation' 'injunctions' "mortgagee's Rights"]
['property Law' 'equity'] ['landlord and Tenant' 'use and Occupation' 'injunctions' "mortgagee's Rights"]

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Injunction / Judgment on Application

Legal Issues

  1. 1 ['Whether the tenant has an equitable right to prevent eviction by the mortgagee' 'Whether assurances from the landlord can prevent the mortgagee from exercising rights of possession']

Ratio Decidendi

The tenant, having received a notice to occupier advising of his rights and the consequences of non-action, did not take steps to be joined as a defendant and therefore does not have an equitable right against the mortgagee to restrain eviction.

Court Disposition

Application dismissed

Orders

  • ["No order is made in the applicant's favour."]