Super 1000 v Pacific General Securities;Bonic v Pacific General Securities

[2008] NSWSC 1222

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Trade Practices
2. › misleading and deceptive conduct
3. › statement of opinion made on reasonable grounds
4. › no question of principle
1. Tort
2. › intentionally inducing breach of contract
3. › term of debentures that no other lenders were to take priority
4. › company subsequently lent money on mortgage security
5. › directors had relied upon legal advice as to the lawfulness of their actions
6. › bona fide belief that this was not a breach of contract
7. › no damage proven
1. Real Property
2. › registered mortgage
3. › indefeasibility
4. › whether fraud exception to indefeasibility arises
5. › no intention to cheat where legal advice relied upon
1. Estoppel
2. › conventional estoppel
3. › whether relationship conducted on the basis of a mutual assumption
4. › no relevant transaction between debenture holder and mortgagee
5. › mortgagee did not cause the debenture holders to adopt the assumption