Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Burge v Commonwealth Bank of Australia [2016] FCA 1159 File number: NSD 1615 of 2016
Judge: FOSTER J
Date of judgment: 22 September 2016
Catchwords: BANKING AND FINANCIAL INSTITUTIONS – whether the Court should grant an interlocutory injunction in favour of a customer of the first respondent bank restraining the imminent sale by auction by the bank of a parcel of residential real estate which the customer had mortgaged to the bank to secure loan facilities made available to the customer by the bank
Legislation: Australian Securities and Investments Commission Act 2001 (Cth), s 12BC and s 12DA Corporations Act 2001 (Cth), s 912A and s 1041H Land Titles Act 1980 (Tas), s 146 National Consumer Credit Protection Act 2009 (Cth) National Credit Code, Pt 4 Div 1 and Div 2 Uniform Consumer Credit Code, reg 209
Cases cited: Inglis v Commonwealth Trading Bank of Australia (1971) 126 CLR 161 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238 Smith v Kench [2001] TASSC 75
Date of hearing: 22 September 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 74
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