MORTGAGE [16]- Equitable mortgage- Promise to grant mortgage- Money actually lent- Interest rate over 60%- Whether excessive- Effect of high interest rate on equity granting specific performance to mortgagee- Significance of repeal of usury laws. MORTGAGE [66]- Marshalling- Bank holding mortgage over land and business- Plaintiff holding mortgage over land only- Doctrine applies.
Acts Cited:
Conveyancing Act 1919, s 91
Corporations Act 2001, ss 262(7), 588FD, 588FE, 588FF
Case Details
Citation[2003] NSWSC 339
CourtNSWSC
JurisdictionNew South Wales
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