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.
Damian Clothier QC (with Andrew O’Brien) appeared for the successful first defendant. Matthew Hickey OAM (with Catherine Chiang) appeared for the unsuccessful plaintiff.
The judgment can be read by clicking here
