Rainima v G E Mortgage Solutions Ltd

Case

[2011] NSWCA 355

14 November 2011


Details
AGLC Case Decision Date
Rainima v G E Mortgage Solutions Ltd [2011] NSWCA 355 [2011] NSWCA 355 14 November 2011

CaseChat Overview and Summary

In the matter of *Rainima v G E Mortgage Solutions Ltd*, the applicant sought an interlocutory injunction to restrain the respondent, a mortgagee, from proceeding with a sale of property pending the hearing of an appeal. The dispute concerned the mortgagee's right to sell the property.

The primary legal issue before the court was whether an interlocutory injunction should be granted to prevent the mortgagee's sale. This involved considering the principles governing the grant of such injunctions in the context of mortgage enforcement and the applicant's prospects of success on appeal.

The court dismissed the application for an interlocutory injunction. The reasoning was that there was no question of principle involved in the appeal, which is a significant factor when considering whether to grant an injunction to restrain a mortgagee's sale. The court also extended the time for the applicant to file a summons for leave to appeal.

The applicant was ordered to pay the costs of the respondent for the hearing.
Details

Areas of Law

  • Civil Procedure

  • Commercial Law

Legal Concepts

  • Appeal

  • Injunction

  • Costs

  • Jurisdiction

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Cases Citing This Decision

1

Cases Cited

1

Statutory Material Cited

1

King v Adams [2016] NSWSC 1798
King v Adams [2016] NSWSC 1798