A defendant resisting summary judgment must swear to facts supporting each defence relied upon; mere reference to pleadings in separate proceedings is insufficient. Where a mortgagor has entered into a valid agreement disposing of mortgaged property and has not sought to rescind that agreement, defences of breach of implied terms, frustration, and estoppel will not be available to resist enforcement of personal covenants in the mortgage. Ministerial approval of a loan under s 18(2) of the Territory Development Ordinance 1978 does not require approval of each term of the security document.
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