Sayed v National Australia Bank

• 1. Mortgages and Securities
  2. › Mortgages
  3. › Power of sale
  4. › Duties of mortgagee in possession
  5. › Equitable duty to mortgagor
  6. › Whether sale at undervalue
  7. › Whether advertising process adequate
  8. › Whether mortgagee had proper regard to development approvals and valuations
  9. › Conveyancing Act 1919 (NSW), s 111A
  10. › Real Property Act 1900 (NSW), s 57
• 1. Appeal
  2. › Appeal from final judgment
  3. › Review of interlocutory judgments on appeal from final judgment
  4. › Whether interlocutory orders refusing amendments to pleadings affected the final result
  5. › Whether party who did not bring interlocutory appeal may challenge ruling on appeal from final judgment
• 1. Civil Procedure
  2. › Pleadings
  3. › Amendment of pleadings
  4. › Requirement for particularity
  5. › Allegations of fraud
  6. › Conclusory statements insufficient to plead fraud
  7. › Discretion to refuse amendment where delay and prejudice to opposing party
  8. › Whether limitation period for cross-claims against agents a relevant discretionary factor

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