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Clayton Utz | Australia | 24 Sep 2009

Injunctions to restrain the exercise of a power of sale by a mortgagee: when will they be granted?

Imminent refinancing or repayment, which had been a key factor in earlier cases where there was no dispute as to the amount owing, may no longer be a necessary pre-requisite for the grant of an injunction to restrain the exercise of a power of sale by a mortgagee.

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