Collateral securities: Limits on rights....

Nov 28, 2019

The Supreme Court of New South Wales recently considered a subrogation claim by a second mortgagee seeking to enforce securities collateral to a first mortgage in circumstances where it: paid out the first mortgage debt and took an assignment of the first mortgage...

Ordering accounts in mortgagor-mortgagee....

Oct 3, 2019

In Rowe v National Australia Bank Limited [2019] WASCA 140 (Rowe) the Western Australian Court of Appeal recently delivered a useful judgment summarising the Court’s power to order an account in a mortgagor-mortgagee relationship. The basis for ordering an...

Staying winding up orders: Can directors....

Oct 1, 2019

In the recent decision of Deputy Commissioner of Taxation v NRA Engineering Pty. Ltd. (in liq) [2019] FCA 1567, Justice Anderson of the Federal Court of Australia dealt with an application made by the director of a liquidated company seeking to stay the winding up...

“Attaching” judgment to a bankruptcy not....

Sep 26, 2019

In Mastronardo v Commonwealth Bank of Australia Limited [2019] FCAFC 127 the Full Court of the Federal Court of Australia recently provided some insight into the formalities of issuing bankruptcy notices. Mr and Mrs Mastronardo were each served with bankruptcy notices...