Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
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DISTRIBUTION
No. G345 of 1985
BETWEEN: MARY MORTON Applicant AND: DONALD ROSS BLACK Respondent CORAM : JACKSON J. DATE: 21st February 1986 PLACE: SYDNEY MINUTES OF ORDER THE COURT ORDERS THAT: 1. The injunction be refused. 2. The applicant pay the costs of the application to be taxed to the respondent. Note: Settlement and entry of orders is dealt with in
.
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G345 of 1985
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GENERAL DIVISION
BETWEEN: MARY MORTON Applicant AND: DONALD ROSS BLACK
Respondent
CORAM : JACKSON J. DATE: 5th March 1986 PLACE: SYDNEY
REASONS FOR JUDGMENT
These are proceedings which were instituted on 22nd November 1985 and in which the applicant then sought only an order restraining 'the respondent or his agents from offering for sale or selling a property which is Portions 4, 5 and 33, Parish of Medlow, County of Raleigh. Morling J. granted an ex parte injunction on that day and it was continued by him on 26 November 1985 at a hearing at which both parties were represented, on the basis that the matter would be heard
finally on 19th December 1985.
2.
When the matter came on for hearing that day the parties did not wish the matter to proceed and directions were given with a view to a hearing in 1986. The applicant's solicitor was not prepared to give an undertaking as to damages and in consequence Morling J. discharged the
injunction which he had earlier granted.
The property is now to be auctioned at 11.00 a.m. on 22nd February 1986, (1.e. tomorrow) by the respondent as mortgagee exercising power of sale. The applicant is the owner of the property, having purchased it from the respondent pursuant to a contract of sale dated 4th October 1984. The purchase price under the contract was $315,000.00 and the mortgage to which I have referred was given by the applicant to the respondent for part of the purchase price, namely some $183,500.00. The $183,500.00 was payable as to $60,000.00 on 14th November 1984, as to $83,500.00 on 15th August 1985 and as to the balance of $40,000.00 on 3lst January 1986. The
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