1A finding of a prima facie case (even a strong one) in an earlier interlocutory proceeding does not preclude a contrary prima facie finding in a subsequent interlocutory application, particularly where new evidence is adduced; such interlocutory findings can co-exist without inconsistency.
2Where a mortgagee fails to particularise any secured amount or provide a reasonable estimate of contingent liabilities, the court will assess the adequacy of substituted security by reference to its own reasonable estimate of the damages claim, and this failure is a discretionary factor favouring discharge.
3On an application to discharge a mortgage or remove a caveat, asymmetric comparative prejudice — where refusal risks destruction of a development through receivership while grant preserves the respondent's position through substituted security — favours the grant of relief.
Case Details
Citation[2026] SASC 103
CourtSASC
JurisdictionSouth Australia
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