High Court of Australia
H.C. or A. 1917. Sw
MerBourne,
June 29; July 3.
saacs J.
Ty Cuamnens,
HIGH COURT if
(HIGH COURT OF AUSTRALIA.]
In rE ALLEN.
Mortgage—Foreclosure—Leave to proceed—Discretion—Grounds for granting leave Judgment in State Court for amount of mortgage—Rights and duties of mortgago and mortgagee—War Precautions (Moratorium) Regulations (Statutory Rules 1916, Nos. 284 and 324; Statutory Rules 1917, Nos. 13 and 76), reg. 4.
An application by a mortgagee under the War Precautions (Moraloriw Regulations for leave to call up the mortgage, to exercise the power of s or to take steps for foreclosure or possession, was refused on the ground that the mortgagee had not satisfied the Court that the existing circumstan justified the giving of leave to depart from the primd facie provision of Regulations, namely, that, having regard to the general dislocation of affa
welfare to permit mortgagees to rigidly enforce their strict ne Be their debtors.
(Moratorium) Regulations, obtained a judgment against his mortgagor for the amount of principal and interest due under the mortgage, which he may have a right to enforce, is not a ground for giving leave to proceed as above mentioned under the Regulations.
Observations as to the respective rights and duties of mortgagor and mort- gagee under the Regulations.
Mortons.
Crawford pursuant to the War Precautions (Moratorium) Regulations for leave to call up or demand payment of the amount of money due and owing under certain freehold mortgages given by Arthur — Joseph Allen, the mortgagor ; to exercise the respective powers com sale under the mortgages ; and to take steps for obtaining orders for foreclosure or possession or occupation of the mortgaged premises.
23 C.L.R.] OF AUSTRALIA.
The mortgagor also applied on motion that the rate of interest on H. C. or A.
the mortgages should be reduced.
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