CONTRACT - Mortgage - liability of wife under mortgage entered into by husband and wife - wife under special disadvantage - whether unconscionable and/or unjust for mortgagee to enforce.
PROCEDURE - Application for leave to amend pleadings - need amendments not previously appreciated - delay not as a result of tactical or intentional decision - directions to be made to cure any prejudice.
LIMITATIONS - Whether action - whether limitation issue should be decided in interlocutory proceedings - evidence relating to loss or damage to be adduced - insufficient known to determine limitation question.
Case Details
Citation[2011] NSWSC 1418
CourtNSWSC
JurisdictionNew South Wales
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