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Searching Content indexed under Charges, Mortgages, Indemnities by Cameron Cheetham ordered by Published Date Descending.
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TGIF 12 July 2019: It is conclusive: how a lender can prove the existence and quantum of debt
Conclusive evidence clauses must be carefully drafted to ensure that the certificates will prove exactly what they mean.
Australia
13 Jul 2019
2
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
3
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
4
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
5
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
6
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
7
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
8
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
9
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
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