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Searching Content indexed under Charges, Mortgages, Indemnities by Jade Rowarth ordered by Published Date Descending.
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Prove it or lose it: Court allows appeal on rejected proofs, calling company liquidation into question
Several proofs of debt were wrongly admitted or rejected; if correct, the company would not be put into liquidation.
Australia
12 Apr 2019
2
Long road to nowhere: Mortgagee denied possession when default not established
The court found that there was no default by borrowers which entitled the lender to possession of the security property.
Australia
11 Apr 2019
3
The super priority of Authorised Deposit-taking Institutions (ADIs) under the PPSA regime
The ADI's unregistered security interest was protected over the registered security interest of a secured creditor.
Australia
21 Feb 2019
4
Directions engineered: Conduct justified – Substantive rights not affected
The liquidator was justified in making distributions to creditors despite claims by employees for leave entitlements.
Australia
19 Dec 2018
5
Injunctions restraining mortgagee sales – do not hold me back
Injunction is granted to restrain the power of sale of a mortgagee despite the mortgagor not making any payment into Court.
Australia
23 Oct 2018
6
Do not believe everything you read - Company books not prima facie proof of debt
While a company's books may be good evidence of the existence of a debt, the evidence is not necessarily conclusive.
Australia
10 Sep 2018
7
Going South(ern): Summary enforcement of loans after Great Southern
The main issue was how to conduct enforcement proceedings where a borrower's loan is part of concluded group proceedings.
Australia
3 Sep 2018
8
Gogetta security, but no priority: The importance of the conduct of a lender in determining who has the better equity
Article considers a recent case which examined a priority contest between competing equitable interests in property.
Australia
8 May 2018
9
Upset by the offset - and other statutory demand traps
Where there is a credit dispute, creditors could risk time and money in issuing a statutory demand that may be set aside.
Australia
10 Feb 2018
10
Signed on the dotted line? Proving execution of personal guarantees
Denying execution or refusing to give evidence will not suffice to defend claims that a party has signed a guarantee.
Australia
1 Oct 2017
11
Turns on the terms - When does a creditor suffer loss because of a company insolvency?
Notwithstanding the arrangement for deferral of payment, the creditor suffered a loss in the amount of unpaid invoices.
Australia
8 Sep 2017
12
Exercise caution: when can fraud by a witness of a mortgagors signature on a mortgage be brought home to the bank?
This week's TGIF considers Spiliotopoulos v National Australia Bank Limited [2017] NSWSC 971.
Australia
30 Jul 2017
13
Extensions of time to register PMSIs under the PPSA: It is a lack of prejudice universally acknowledged
Onus of proof shifts to other secured parties to demonstrate prejudice or reliance to defeat the extension application.
Australia
18 Jul 2017
14
What is the Collateral damage in a security agreement?
The court considered whether real property acquired after the execution of the agreement formed part of the collateral.
Australia
10 Jul 2017
15
A commercial solution to a re-vesting problem
The Court considered the potential prejudice to creditors in extending the time for registration of security interests.
Australia
20 Jun 2017
16
Rethink again, when will a court adjust the liability of a co-guarantor?
The court held that unless a limited exception applies, it does not have power to adjust the liability of a co-guarantor.
Australia
22 May 2017
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