A mortgagor seeking to restrain a mortgagee sale must demonstrate a serious question to be tried and cannot rely on delay-affected applications brought shortly before settlement. Questions regarding the weight given by a trial judge to evidence do not constitute House v The King error. Where a mortgagor has itself previously attempted to sell the same properties, a claim that the properties have intangible value as a family home will not be accepted, and damages will be treated as an adequate remedy.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.