Australasian Temperance and General Mutual Life Assurance Society Limited v Holland [1915] HCA 45

OF AUSTRALIA. 145

(HIGH COURT OF AUSTRALIA.]}

_ GENERAL MUTUAL LIFE ASSUR-! Prarytirrs; _ ANCE SOCIETY LIMITED...

AND

z 5 é . DEFENDANT.

—High Court—Action for foreclosure of mortgage—No appearance entered. H. C. or A. defendant — Order for taking accounts—Order nisi for foreclosure— 1915, up in Registry—Notice to defendant to be present—Rules of the High =~ wt 1911, Part I., Order LV., r. 6. Mexnourye,

Tune 18. In an action in the High Conrt for foreclosure of a mortgage where an

der has been made for taking accounts and for foreclosure in the event of Tsaace J. payment of the amount found to be due, the accounts must be taken in

e presence of both parties or after proper notice, actual or constructive, to

defendant to be present, notwithstanding that the defendant has not

dan appearance in the action.

_ Where in such an action the defendant has not entered an appearance, the er for taking accounts and for foreclosure in the event of non-payment of amount found to be due must, under the Rules of the High Court 1911, rt L., Order LV., r. 6, be stuck up in the Registry in addition to being filed

action was brought in the High Court by the Australasian and General Mutual Life Assurance Society Ltd., of e, against Thomas William Holland, of West Wyalong, South Wales, for foreclosure of a mortgage dated 30th 1911 from the defendant to the plaintiffs of an interest a will.

Xx, : 10

H. C. or A.

1915. NY AUSTRAL- ASIAN 'TEMPERANCE AND GENERAL MorvaL Lire ASSURANCE Socrety Lrp. v Horan.

HIGH COURT (1915.

No appearance was entered by the defendant, and on 20th July 1914 Zsaacs J. made an order for an account of all moneys owing under the mortgage and for foreclosure in the event of the defendant not paying the amount certified to be due within six months after the date of the certificate. The certificate was given on 17th September 1914, and the amount was not paid within the prescribed time.