3 Sept 2008
N-TECH LIMITED AND ORS V ABOOTH LIMITED (IN REC.) AND ANOR HC AK CIV 2006-404-003362
- Citation
- openlaw-4157be95_9ab4_4972_98c8_c2c146f05bea.pdf
- Court
- High Court
On construction of clause 9 read as a whole and in context, the introductory language giving the mortgagee 'absolute discretion' to require 'all such acts and execute all such documents and securities' together with subclauses 9.1(a)–(d) authorised the mortgagee (and as assignee Totara) to execute general security deeds granting security over additional property and to appoint receivers; accordingly the declarations sought by the applicants fail and the application is dismissed.