Re Regis Towers Real Estate [2006] NSWSC 852

In this case there was a deed which stated:

You will provide a mortgage to Meriton to secure this contract.The mortgage will be a first registered mortgage and will be over property known as:”

The deed then on the five following lines uses the words address, suburb, lot, strata plan and folio identifier, but none of this is completed. Young CJ in Eq held that the document was not a mortgage but rather a floating charge.

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