Injunction
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There is a general rule that an injunction to restrain the exercise by a mortgagee of powers given by a mortgage will not be granted until the amount of the mortgage debt, if it is not in dispute, or the amount claimed by the mortgagee, if the amount is disputed be paid into court: see Inglis…
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There is a translation key(widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at http://roberthaybarrister.blogspot.com.au/ Courts have traditionally treated an interlocutory application to restrain the calling upon or use of money secured by a bank guarantee or other performance bond as being…
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There is a translation key(widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at http://roberthaybarrister.blogspot.com.au/ Where a landlord refuses consent to an assignment of the term of the lease the tenant’s usual remedy is to seek a declaration that the…