Lets We Forget Pty Ltd v Westpac Banking Corporation

The case of Lets We Forget Pty Ltd v Westpac Banking Corporation was heard in the Supreme Court of Queensland. The primary dispute centred on the validity of actions taken by Westpac Banking Corporation through appointed agents after the corporation purported to appoint the agents as "mortgagee in possession" over the property of Lets We Forget Pty Ltd. The plaintiff sought to enjoin Westpac from continuing these actions, arguing that the bank was not in truth "in possession" of the property. The case also examined the ability of the mortgagee to make new appointments at any time and the utility of the orders sought by the plaintiff.

The court was tasked with determining the legality of Westpac's actions through its appointed agents, particularly in light of the bank's claim to be "in possession" of the property. It was also required to assess the validity of the plaintiff's request for an injunction and the potential impact of the mortgagee's ability to continually appoint new agents. The court needed to decide whether the actions of Westpac and its agents should be enjoined if the bank was not, in fact, in possession of the property, and whether there was any utility in granting the orders sought by the plaintiff.

The court found that the actions of Westpac and its agents were valid, as the mortgagee had the inherent right to appoint agents to manage the property. The court also held that the ability of the mortgagee to make new appointments at any time meant that there was no utility in the orders sought by the plaintiff. Consequently, the plaintiff's application for an injunction was dismissed, and no orders were made in favour of the plaintiff. The court emphasised that the mortgagee's right to appoint agents was an integral part of the mortgagee's remedies, and the lack of utility in the plaintiff's orders rendered the application unsuccessful.