Kennard, C.C. & Anor v. AGC Advances Ltd [1986] FCA 252

CATCHWORDS

TRADE PRACTICES - mortgage - misleading statements by mortgagee - mortgage by co-owners as tenants in common - interlocutory relief.

Christopher Campbell Kennard & Anor. v. A.G.C. (Advances) Limited QLD G67 of 1986

PINCUS J.

BRISBANE 25 June 1986

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G67 of 86 GENERAL DIVISION )

BETWEEN: CHRISTOPHER CAMPBELL KENNARD and MARGARET BETH KENNARD Applicants AND: A.G.C (ADVANCES) LIMITED Respondents MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 25 June 1986 WHERE MADE: BRISBANE THE COURT QRDERS THAT; l. Upon the applicants giving the usual undertaking as

to damages, order that the respondent be restrained until trial of the principal proceeding or further order from selling or offering for sale the land contained in Certificate of Title Volume C5398, Folio 242 and Certificate of Title Volume C416 Folio 7 or any part thereof.

2. The costs of and incidental to the application be costs in the proceedings other than the costs of the application up to and including the 19 June

1986 which will be the applicants' costs in the proceedings.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G67 of 86 GENERAL DIVISION )

BETWEEN: CHRISTOPHER CAMPBELL KENNARD and MARGARET BETH KENNARD

Applicants AND: A.G.C (ADVANCES) LIMITED Respondents PINCUS J. 25 JUNE 1986 REASONS FOR JUDGMENT This 1s an application for an interlocutory

injunction to restrain a sale by a mortgagee.

In December 1985, the applicants were, together with Sydney Francis Dempster and Krystyna Emilia Dempster, the owners of property at East Street, Rockhampton. The applicants and the Dempsters were each registered as joint tenants inter se; the Dempsters and the applicants were tenants in common in equal