Aymban v Grove Park [2007] NSWSC 1089

In this case the lender held a second mortgage. When the mortgage went into default the director of the borrowing company, Mr Comer, procured a transfer of the first mortgage to himself. He then sold the property (pursuant to a power of sale) to his son. The lender sought a freezing order against the Mr Comer. The court noted that while Mr Comer “indignantly denied any wrongdoing” he did not provide any explanation for the apparently fraudulent transaction and so granted the freezing order sought by the lender.

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