Results.
5 judgments found.
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| September 2023 |
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Bank validly charged and sold mortgaged property; penalty/default interest unlawful and to be assessed and refunded.
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Registered Land Act s60(2), s71 — statutory demand and mortgagee’s duty when exercising power of sale; Validity of charge despite typographical title error; Loans Recovery Act s3 — challenge to excessive interest; Contractual penalty/default interest held unlawful where compound interest sufficed; Bona fide purchaser and absence of fiduciary disqualification; Accounting disputes over loan debits and advance fees.
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27 September 2023 |
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Court pierced corporate veil and dismissed interpleader, authorizing sale to satisfy the execution debt.
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Enforcement of judgment — seizure and sale — interpleader application — piercing the corporate veil where company interposed to evade liabilities — abuse of process — Prest v Petrodel.
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22 September 2023 |
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Claimant failed to prove Defendant owned the land sought for enforcement; alleged forged sale document referred for police investigation.
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Enforcement of consent judgment — application for possession/charging order — burden of proof on claimant to show ownership — conflicting sale agreements and contested signatures — alleged forged document — referral to police for investigation — costs: each party bears own costs.
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15 September 2023 |
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Claimant failed to prove the defendant owned the land; competing forged documents prompted police referral.
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Enforcement of judgment — possession of land — burden of proof on applicant — competing sale agreements — alleged forgery and perverting the course of justice — referral for criminal investigation — costs: each party to bear own costs.
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15 September 2023 |
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Default judgment set aside because summons was not personally served and substituted service was not authorised.
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Civil procedure — set-aside of default judgment — requirement of personal service of summons — substituted service permissible only by court order — failure to show valid service justifies setting aside default judgment.
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4 September 2023 |