Bolwell v NWC Finance Pty Ltd
Supreme Court of Victoria
M Osborne J
09/02/2024
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Equity — Subrogation — Second mortgagee paid out amount due under first mortgage — Whether payment by second mortgagee entitled it to be subrogated to debt of prior mortgagee — Relevance of intention of payer — Payer’s intention not communicated to mortgagor — Denial by mortgagor of payer’s interest — Whether denial unconscionable or inequitable
Insolvency — Receivers and managers — Mortgagor in liquidation — Solicitors retained by mortgagee in possession — Whether solicitors a ‘controller’ of mortgagor — Whether mortgagor entitled to order against solicitors enforcing controller’s duty to render proper accounts — Whether entitlement to order making inquiry into controller’s conduct — Corporations Act 2001 (Cth), ss 9, 423(1), 434(1)(b)
Real property — Sale by mortgagee in possession — Taking of account — Whether likelihood of surplus after satisfaction of first mortgage debt — Whether payment out of first mortgage by second mortgagee an expense under loan secured by second mortgage — Corporations Act 2001 (Cth), ss 9, 434(1)(b)
Read the judgment here.