Damian Clothier KC with Andrew O’Brien appeared for the successful first defendant. Matthew Hickey OAM KC (with Catherine Chiang) appeared for the unsuccessful plaintiff.
A dispute arose between parties to a deed of agreement, as to whether the deed required a payment for the release of mortgages to be made by bank cheque, and if so whether the mortgagee was entitled to exercise its power of sale because the deed had been breached (the mortgagor having contended that, in equity, it should be prevented from doing so).
Kelly J determined both questions in the affirmative.
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