27 Oct 2005
BARGE V FREEPORT AND ORS HC AK CIV 2002-404-1771
- Citation
- openlaw-54d1ca64_79a3_4bde_873c_5167aec08810.pdf
- Court
- High Court
Court found there was a valid unconditional sale agreement between plaintiff and Freeport dated 4 March 2002; Vivien Chu had valid authority under a 20 October 2000 power of attorney to sign for Freeport; plaintiff lodged caveat and was ready to settle; the subsequent assignment and purported mortgagee sale were invalid because s92 procedures and required notices were defective or not applicable and the mortgagee sale was a contrived scheme by related defendants facilitated by Mr Dorbu; defendants therefore cannot defeat the plaintiff's contractual and equitable rights and plaintiff is entitl…