Kowalczuk v Accom Finance [2007] NSWCA 225

In this case Bransgroves acted for the lender. The borrower filed a Contracts Review Act defence and lost. The lender then commenced marketing the security. The borrower filed an appeal and sought an injunction stopping the auction until after the appeal had been determined. Justice Campbell of the Appeal Court granted the injunction noting the borrower’s undertaking to proceed with all due dispatch.

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